Patna High Court
Lalo Yadav vs The State Of Bihar on 11 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18777 of 2021
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Lalo Yadav S/o- Late Mukhi Yadav Resident of Village- Santosh, Ward No.
09, P.S.- Alauli, District- Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principle Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The Divisional Commissioner Munger.
3. The District Magistrate cum Collector Khagaria.
4. The Sub Divisional Officer cum Licensing Authority Khagaria.
5. The District Supply Officer Khagaria.
6. The Block Supply Officer Alauli Block, Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Preety Kunwar, Adv
For the Respondent/s : Mr.Arvind Ujjwal ( SC4 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR )
Date : 11-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
" That the present writ application is being filed for issuance
of appropriate writ/writs, order/orders, for setting aside the
orders dated 15.11.2019 passed by Divisional
Commissioner, Munger in Supply revision No. 65/2018
whereby the order dated 06.09.2016 passed in Supply
Appeal No. 11/2012 passed by the District Magistrate,
Khagaria has been affirmed; which was preferred against
the order dated 11.11.2021 contained in Memo No. 802
passed by the SDO Khagaria, whereby the PDS shop license
no. 63A/2007 in the name of the petitioner was cancelled
illegally. The petitioner consequently prays for setting aside
all the orders and reinstating his PDS license."
Petitioner is a PDS licensee and a show cause notice
Patna High Court CWJC No.18777 of 2021 dt.11-02-2022
dated 6.11.2011 was issued to him to explain the irregularities
found during inspection done by Block Supply Officer, Alauli
dated 5.11.2011 and he was directed to submit his reply within
three days from the date of notice.
Petitioner submitted his reply and by the order dated
11.11.2011 the licence of the petitioner was cancelled as his
explanation was found not to be satisfactory and appeal
preferred being Supply Appeal No.11 /2012 was dismissed by
the District Magistrate, Khagaria by his order dated 6.9.2016
and revision filed by petitioner being Revision case No.65 of
2018 was dismissed by the Divisional Commissioner, Munger
by his order dated 15.11.2019.
The show cause notice dated 06.11.2011 is vague and
unspecific. The requirement of fair play in action is
compliance of principle of natural justice. If the show cause
notice is vague and does not contain particulars in support of the
allegations and is not accompanied with the relevant material
which may be considered by the licensing authority at the time
of passing of final orders the same has to be treated as giving
inadequate opportunities to the PDS licensee. Only three days
time was provided to submit his reply and same amounts to
denial of reasonable opportunity.
Patna High Court CWJC No.18777 of 2021 dt.11-02-2022
The order passed by the licensing authority is cryptic and
non-speaking and no reason has been assigned for passing such
order. There is no consideration of reply of the petitioner in the
order passed by the licensing authority, as such, the impugned
orders dated 11.11.2011, passed by Respondent No. 4, namely
The Sub-divisional Officer cum licensing Authority, Khagaria,
order dated 06.09.2016 passed in Supply Appeal No. 11 of 2012
passed by District Magistrate, Khagaria and order dated
15.11.2019 passed by the Divisional Commissioner, Munger in
Supply Revision No. 65 of 2018 are quashed and set aside, with
liberty to the petitioner to approach Respondent No. 4 afresh.
Petition is disposed of in the following terms:
(a) The petitioner shall make himself available before
the Sub-divisional Officer cum licensing Authority, Khagaria on
07.03.2022;
(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
Patna High Court CWJC No.18777 of 2021 dt.11-02-2022
within a period of three months thereafter;
(f) While considering such request, principles of
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)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
