Patna High Court
Krishna Singh vs The State Of Bihar on 22 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21204 of 2021
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Krishna Singh S/o Musafir Singh Resident of Village Ghareya, P.S.-
Ghareya, District-Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through its Secretary, Food and Consumer Protection
Department, Govt. Of Bihar, Old Secretary, Patna.
2. The District Magistrate, Gaya.
3. The SDO, Sadar Gaya.
4. The L.R.D.C., Sadar Gaya
5. The Block Supply Officer, Wazirganj, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vijay Anand
For the Respondent/s : Mr. Upendra Pratap Singh
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 22-02-2022
1. Heard Mr. Vijay Anand, the learned
counsel for the petitioner and Mr. Upendra Pratap Singh, the
Patna High Court CWJC No.21204 of 2021 dt.22-02-2022
learned counsel for the State.
2. The order impugned in the present
petition is the order of cancellation of P.D.S. license of the
petitioner.
3. The learned counsel for the petitioner has
submitted that with respect to the contemplated action of
cancellation of the license of the petitioner, the first notice
dated 20.10.2021 was not received by him. The second
notice dated 09th of Nov. 2021 which was sent to him by
post was received by him on 24.11.2021.
4. The notice referred to above gave one
week's time to the petitioner to respond to the charges,
which time would have started to run after the notice was
received by the licencee. Taking 24.11.2021 as the
reference date, the final order could not have been passed
before 1st of December 2021. Since, there was panchayat
election in the concerned block on 29.11.2021 for which
counting was fixed on 01.12.2021, the petitioner furnished
his reply only on 02.12.2021. However, much before that,
the impugned order appears to have been passed on
Patna High Court CWJC No.21204 of 2021 dt.22-02-2022
25.11.2021.
5. From the perusal of the order, it further
appears that the first notice was declined to be accepted by
the petitioner.
6. Be that as it may, since the order was
passed before the petitioner responded to the notice which
was received by him on 24.11.2021, we are of the view that
the petitioner ought to be given an opportunity before the
Licensing Authority to represent his case before a final order
is passed.
7. For the aforesaid reason, we set aside the
impugned order and remit it to the Licensing Authority,
namely, respondent no 3.
8. The Licensing Authority shall, after giving
fresh opportunity to the petitioner for filing his show cause
reply, take a final decision in the matter within a period of
60 days, to be counted from the date of receipt / production
of a copy of this order.
9. Needless to state that a reasoned order
shall be passed by the concerned respondent which shall be
Patna High Court CWJC No.21204 of 2021 dt.22-02-2022
intimated to the petitioner forthwith.
10. The petition stands allowed and disposed
off accordingly.
(Ashutosh Kumar, J)
( Anjani Kumar Sharan, J)
sunilkumar/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.02.2022
Transmission Date N/A
