Patna High Court
Manager Prasad vs The State Of Bihar And Ors on 12 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12050 of 2017
======================================================
Manager Prasad Son of Late Basudeo Prasad, Resident of Village- Gariba,
Police Station- Kalyanpur, District- East Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate, East Champaran at Motihari.
4. The Sub Divisional Officer, Chakia, East Champaran Motihari.
5. The Block Supply Officer Chakia Block, East Champaran Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Upendra Pratap Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 12-01-2023
Heard the learned counsel for the parties.
2. The licence of the petitioner has been
cancelled which order has been affirmed in appeal as
well as revision.
Patna High Court CWJC No.12050 of 2017 dt.12-01-2023
3. The learned counsel for the petitioner has
drawn the attention of this Court to two issues, namely,
that the first order of cancellation of licence is without
any reason, whereas in the appellate order, a separate
charge has been adverted to for which the petitioner was
never confronted in the show-cause notice.
4. It appears from the records that an inquiry
was conducted on the complaint of the consumers with
respect to irregular supply of food-grains, non-
maintenance of the records and the petitioner charging
more for the kerosene oil than what he was entitled to
and that during inquiry, there was complete non-
cooperation.
5. The learned counsel for the petitioner has
submitted that against all these charges, even in the
absence of the inquiry report which was never afforded
to the petitioner despite his insistence, was replied, but
the Licensing Authority has only stated in the order of
cancellation that those grounds/cause shown by the
Patna High Court CWJC No.12050 of 2017 dt.12-01-2023
petitioner are not satisfactory, but for what reason,
those grounds have been rejected is not known.
6. In appeal, on the basis of the materials
collected during the inspection of the shop and the
records of the case, the Appellate Authority came to the
conclusion that the petitioner was indulging in black
marketing.
7. Black marketing of the Government food-
grains is a serious charge for which the petitioner was
never issued show-cause notice.
8. In any view of the matter, in the absence of
the inspection report, whatever materials the petitioner
could gather in his defence was produced by him.
9. On a totality of circumstance, we find it
appropriate to give one more opportunity to the
petitioner to explain his cause appropriately after he is
served with a copy of the inspection report.
10. We, prima facie, are of the view that the
orders passed by the Licensing Authority and its
Patna High Court CWJC No.12050 of 2017 dt.12-01-2023
affirmation by the Appellate and the Revisional
Authorities are not sustainable in the eyes of law for
either not spelling out the reason for rejecting the reply
by the licensing authority or a fact weighing with the
authority against which no show-cause notice was issued
to the petitioner.
11. For the afore-noted reasons, the orders
impugned in the present petition are set-aside.
12 The matter is remitted to the Licensing
Authority with a direction that the petitioner be afforded
the inspection report and we permittted to file his reply
within a period of 30 days of the receipt of the
production of a copy of this order.
13. After receiving the reply of the petitioner, the
Licensing Authority shall record his conclusions and the
reasons for arriving at such conclusions and shall take a
decision whether the petitioner should be allowed to
remain as a licensee or his licence is required to be
cancelled.
Patna High Court CWJC No.12050 of 2017 dt.12-01-2023
14. This shall be done within the next 60 days of
the receipt of the reply of the petitioner.
15. With the aforesaid observations / directions,
the petition stands disposed of.
(Ashutosh Kumar, J)
(Satyavrat Verma, J)
Rishabh/Praveen
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 16.01.2023
Transmission Date N/A
