Patna High Court
Arjun Prasad vs The State Of Bihar on 1 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19514 of 2021
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Arjun Prasad Son of Keshov Yadav Resident of Village- Puraniyabathan,
Village Panchayat- Dakchhani Lodhwe, Police Station- Fatehpur, District-
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Consumers Protection, Government of Bihar, Patna.
2. The District Magistrate, Gaya.
3. The Sub-Divisional Officer, Sadar Gaya.
4. The Block Supply Officer, Fatehpur, Dist- Gaya.
5. The Block Supply Officer, Gurua, Dist- Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binay Kumar, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (S.C. 4)
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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 : 01-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"That this is an application for issuance of
appropriate writ/writs, order/orders and
direction/directions to quash the order dated
11.10.2021 contained in memo no. 1010 under
signed on 09.10.2021 by the Ld. Sub Divisional
Officer, Sadar Gaya by which license No. 17/16
of the petitioner has been cancelled carrying on
business under the Public Distribution System as
a P.D.S. dealer and for direction upon the
respondent No. 3 to continue allocation to the
Patna High Court CWJC No.19514 of 2021 dt.01-02-2022
Public Distribution System Shop of the petitioner
after declaring the cancelation order null and void
and/or pass such other order(s) as your Lordships
may deem fit and proper under the facts and
circumstances of the case."
The impugned order dated 11.10.2021 passed by
Respondent No. 3, namely, the Sub-Divisional Officer, Sadar,
Gaya 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 1
11.10.2021 passed by Respondent No. 3, namely, the Sub-
Divisional Officer, Sadar, Gaya cancelling P.D.S. Licence No.
17/16 of the petitioner, is quashed and set aside, with liberty to
the petitioner to approach Respondent No. 3 afresh.
Petition is disposed of in the following terms:
(a) The petitioner shall make himself available before
the The Sub-divisional Officer, Sadar, Gaya on 21.02.2022;
(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;
Patna High Court CWJC No.19514 of 2021 dt.01-02-2022
(e) The officer shall pass an order assigning reasons
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)
Rajiv/veena-
AFR/NAFR
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