Gita Devi @ Geeta Devi vs The State Of Bihar
2022 Latest Caselaw 1018 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.20342 of 2021
     ======================================================

Gita Devi @ Geeta Devi Wife of Amrit Prasad Gupta, Resident of Village - Amawan, P.S. - Rajauli, District - Nawada.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Sub-Divisional Officer, Rajauli, Nawada.

3. The Block Supply Officer, Rajauli, Nawada.

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

For the Petitioner/s : Mr. N. K. Agarwal, Sr. Advocate Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 08-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "That the present writ application is being filed in the nature of certiorari for challenging the order dated 12.11.2O20 passed by the Learned S.D.O. Rajauli fully contained in the Memo No. 1871 whereby and whereunder the License granted to petitioner for carried out a business of a Public Distribution shop in village Karikhap, Panchayat Amawan West, P.S. Rajauli, District-Nawada was cancelled on the ground that the show cause was issued to the petitioner on 5.5. 2O2O but she failed Patna High Court CWJC No.20342 of 2021 dt.08-02-2022

to respond the same."

The impugned order dated 12.11.2020, passed by

Respondent No. 2, namely, the Sub-Divisional Officer, Rajauli,

Nawada is a cryptic and non-speaking order and entails civil

consequences as it affects the petitioner's rights.

In view of the submissions made and the grounds

mentioned in the petition, the impugned order dated 12.11.2020,

passed by Respondent No. 2, namely, the Sub-Divisional

Officer, Rajauli, Nawada cancelling P.D.S. Licence No. 94/17 of

the petitioner, is quashed and set aside, with liberty to the

petitioner to approach Respondent No. 2 afresh.

Petition is disposed of in the following terms:

(a) The petitioner shall make himself available before

the the Sub-Divisional Officer, Rajauli, Nawada on 24.02.2022;

(b) On the said date, the entire material shall be

supplied to the petitioner;

(c) Within two weeks thereafter, petitioner shall file

response, complete in all respects;

(d) Petitioner shall fully cooperate and not take any

unnecessary adjournment;

(e) The officer shall pass an order assigning reasons

within a period of three months thereafter;

(f) While considering such request, principles of Patna High Court CWJC No.20342 of 2021 dt.08-02-2022

natural justice shall be followed and due opportunity of hearing

afforded to the parties.

(g) Liberty reserved to the petitioner to challenge the

order, should the need so arise subsequently.

The petition is disposed of in the aforesaid terms.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.02.2022
Transmission Date       NA