Ram Naresh Singh vs The State Of Bihar
2022 Latest Caselaw 4565 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.24967 of 2019
     ======================================================

Ram Naresh Singh S/o Late Kishun Singh Resident of Village- Garahuan Paraya Panchayat Akhatiyarpur Paraya, P.s.- Kurahani, District- Muzaffarpur ... ... Petitioner/s Versus

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

2. Sub-Divisional Magistrate West Muzaffarpur

3. Block Supply Officer Kurhani, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kishore Shahi, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 18-08-2022 Heard Mr. Shankar Kishore Shahi, learned Advocate

for the petitioner and Mr. Upendra Pratap Singh for the State.

The license of the petitioner stands cancelled by

order dated 04.11.2019 passed by the licensing authority.

The license appears to have been cancelled on the

ground that the distribution register was not appropriately

maintained and that the food-grains appeared to have been

given to only one person, giving clear indication that the

distribution of food-grains amongst the beneficiaries was not

being carried out in a proper manner.

Patna High Court CWJC No.24967 of 2019 dt.18-08-2022

A perusal of record indicates that a show cause

notice was issued to the petitioner to explain such

inconsistencies in carrying out his obligation as a PDS

licensee.

The learned counsel for the petitioner raises a

grievance that only two days time was given to him to explain

his cause but even then he explained everything but his

explanation was not adverted to while passing the order of

cancellation of license.

He has further submitted that the beneficiaries, on

whose complaint, such show cause notice was issued to the

petitioner, have in unison, on affidavit stated that the

accusation is false and that they have been receiving the

supplies of the subsidized food-grains on time and regularly.

He further submits that the inquiry report has also not been

made available to the petitioner.

Though from the order impugned, it appears that the

reply to the notice was adverted to but no reason has been

given by the licensing authority to reject the defence of the

petitioner.

Patna High Court CWJC No.24967 of 2019 dt.18-08-2022

To that extent, the order cannot be called a speaking

order.

For the reasons aforestated, the order dated

04.11.2019 is set aside.

The matter is remitted to the licensing authority to

issue a fresh notice to the petitioner within a period of thirty

days from the date of receipt/production of a copy of this

order. Once the reply of the petitioner to such notice is filed, a

final order shall be passed within the next thirty days of the

receipt of the reply of the petitioner in which the grounds

urged on behalf of the petitioner shall be adverted to and

reason shall be assigned in support of such order. The order so

passed by the authority shall be made available to the

petitioner forthwith.

With the aforenoted direction/observation, the writ

petition stands allowed and disposed of.

(Ashutosh Kumar, J)

(Jitendra Kumar, J) krishna/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.08.2022
Transmission Date