Ranjit Kumar vs The State Of Bihar
2022 Latest Caselaw 1379 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.933 of 2022
     ======================================================

Ranjit Kumar Son of Mathura Paswan Resident of Village- Balua, Belhari, P.S.- Belaganj, District- Gaya.

... ... Petitioner/s Versus

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

2. The District Magistrate, Gaya.

3. The Sub-Divisional Officer, Sadar Gaya.

4. The Block Supply Officer, Belaganj, Gaya.

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

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 24-02-2022 Heard Mr. Vijay Anand, learned Advocate for the

petitioner and Mr. Upendra Pratap Singh, AC to SC 4 for

the State.

The licence of the petitioner has been cancelled

vide order dated 02.09.2021.

The learned Advocate for the petitioner has drawn

the attention of this Court to the fact that after the first

inspection was carried out of his PDS shop, he was asked Patna High Court CWJC No.933 of 2022 dt.24-02-2022

to furnish reply to the show-cause notice to him which he

replied.

However, thereafter, inspection was made twice in

the shop of the petitioner but with respect to such

inspection report, no notice was served upon the

petitioner. The petitioner was also not made available the

copies of the inquiry reports.

The impugned order appears to have been passed

on the basis of the report furnished by the inquiry team on

all the three occasions and the reply furnished by the

petitioner only after the first show-cause notice was given

to him shortly after the first inspection report.

The contention of the petitioner has some force

that the petitioner was not aware of the charges against

him in the other inquiry reports and therefore, he was not

in a position to effectively represent his cause.

The impugned order, therefore, is set aside and

the matter is remitted to the licencing authority for giving

fresh opportunity to the petitioner after affording to him all Patna High Court CWJC No.933 of 2022 dt.24-02-2022

the inquiry reports and asking for a fresh reply on such

reports. The licencing authority shall pass an order within a

period of 60 days of the receipt/production of a copy of

this order.

The order passed by the authority shall be a

reasoned order and the same shall be communicated to the

petitioner forthwith.

The writ petition stands disposed off accordingly.

(Ashutosh Kumar, J)

( Anjani Kumar Sharan, J)

krishna/-

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Uploading Date          02.03.2022
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