Dilip Kumar Mishra vs The State Of Bihar
2021 Latest Caselaw 4555 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.7838 of 2020
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Dilip Kumar Mishra, Gender-Male, aged about 48 years, Son of Late Nageshwar Mishra, Resident of Village - Asi, P.S. Ghanshyampur, Circle - Gaurabauram, District- Darbhanga, Pin - 847203.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Department of Food and Civil Supply, Bihar, Patna.

2. The Collector, Darbhanga.

3. The Licensing Officer-cum-Sub-Divisional Officer, Biraul, Darbhanga.

4. The Block Supply Officer, Gaurabauram, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Kaushalesh Choudhary, Adv. For the Respondent/s : Mr. Gyan Shankar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 09-09-2021 Heard learned counsel for the petitioner and learned

counsel for the respondents through video conference. Learned

counsel for the petitioner hereby has filed an undertaking that all

the defects pointed out by the stamp reporter shall be removed, and

compliance with the conditions of the notices of this Court with

regard to acceptance of e-filing shall be made, without delay

immediately upon resumption of normal physical functioning of

the Court, and in any event within one month thereof.

2. The present writ petition has been filed for the

following reliefs as formulated by the petitioner-

"i. For issuance of an appropriate writ(s)/ Rule(s)/ Direction(s) in the nature of mandamus Patna High Court CWJC No.7838 of 2020 dt.09-09-2021

commanding the concerned respondent, for quashing the order dated 09.06.2020, contained in Memo No. 1302 dated 09.06.2020, issued by Licensing Officer-cum-Sub Divisional Officer, Biraul, Darbhanga, by which the License no. 2/17 of Petitioner's Public Distribution System Shop (PDS Shop), situated under Gram Panchayat Raj Aasi, Gaurabauram, Darbhanga has been cancelled, without providing him a reasonable opportunity, as required under Section 11(2) of the Bihar Trade Article (Licence Unification) order 1984, Rule 7(iv) and 7(v) of the Bihar Control Orders 2001 as well as Rule 27(2) of the Bihar Targeted Public Distribution System (Control) Orders 2016.

ii. For restoration of Petitioner's License No. 2/2017 of his PDS Shop, situated under Gram Panchayat Raj Aasi, Gaurabauram, Darbhanga, with all facilities, available to the PDS Shop.

iii. For grant of all other relief(s) to which the petitioner may found entitled, under the relevant provision."

3. To the initial objection on behalf of the State that the

petitioner has also filed an appeal, the petitioner informs this Court

that his application for withdrawal of the appeal has been

permitted in terms of the order dated 06.08.2021 passed by the

Collector-cum-District Magistrate, Darbhanga (Annexure-P/13).

4. Learned counsel for the petitioner then submits that

pursuant to notice issued, a detailed show-cause notice was filed

by him enclosing therewith, inter alia, affidavits from a number of

his consumers who had categorically stated that they had no Patna High Court CWJC No.7838 of 2020 dt.09-09-2021

complaint against the petitioner in the matter of supply of food

grains. This crucial aspect has completely been ignored by the

S.D.O., Biraul, Darbhanga while passing the impugned order dated

09.06.2020 (Annexure-P/1), thereby violating the principles of

natural justice in having disregarded relevant material.

5. Learned counsel for the respondents appears and has

been heard. It is submitted that the petitioner has an alternative

remedy against the impugned order by way of appeal.

6. Having heard the parties and on consideration of the

materials on record, this Court finds merit in the writ petition. A

perusal of the show-cause reply of the petitioner discloses that

various pleas were raised and affidavits enclosed, which have

however not been considered by the S.D.O. in the impugned order.

There is therefore a complete violation of the natural justice to the

prejudice of the petitioner. It is well settled that availability of an

alternative remedy would not per se constitute a bar to the writ

jurisdiction of this Court where the action complained of is in

violation of natural justice.

7. In the above view of the matter, the impugned order

dated 09.06.2020 (Annexure-P/1) is set aside. The matter is

remanded to the Licensing Officer-cum- Sub-Divisional Officer,

Biraul, Darbhanga (Respondent No.3) for passing orders afresh Patna High Court CWJC No.7838 of 2020 dt.09-09-2021

after grant of an opportunity of hearing to the petitioner in

accordance with law. In the meantime, supplies to the petitioner

shall be restored.

8. The writ petition is allowed to the extent indicated

above.

9. It is made clear that in view of the ongoing Covid-19

pandemic, any correspondence between the parties may be made

through e-mail and the petitioner shall be at liberty to request for

hearing through video conference. To facilitate disposal, the

petitioner shall furnish his mobile number and email ID to the

concerned respondent within a week from today.

10. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made

by the petitioner within the stipulated time provided in para 1

hereinabove, failing which the matter shall be brought to the notice

of this Court.

(Vikash Jain, J) rishi/-

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Uploading Date          13.09.2021
Transmission Date