Sudhir Kumar vs The State Of Bihar
2023 Latest Caselaw 5182 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10673 of 2023
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Sudhir Kumar, Son of Late Sri Bhola Singh, Resident of Village- Dariyapur (Barahiya), P.S.- Barhiya, District- Lakhisarai, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Collector, Lakhisarai.

3. The Sub Divisional Officer, Munger, Lakhisarai.

4. The Block Supply Officer, Block- Lakhisarai.

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Adv.

Mr. Diksha Kumari, Adv.

For the Respondent/s : Mr. Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 09-10-2023

Heard learned counsel for the parties.

2. The present writ petition has been filed for the

following relief(s):-

"i. For issuance of a writ in the nature of Certiorari for quashing the order dated 28.06.2007(Annexure-1) passed by the SDO, Lakhisarai, and also the order dated 07.07.2009 passed in Supply Appeal No. 42/2007-08 by the Collector, Lakhisarai (Annexure-2) whereby and where under the Public Distribution License of the Petitioner bearing License No. 01/1992 has been cancelled on totally non-est and Patna High Court CWJC No.10673 of 2023 dt.09-10-2023

erroneous grounds in completely mechanical manner-without even considering the reply of the Petitioner.

ii. For holding and declaring the Order dated 28.06.2007 (Annexure-) passed by the SDO, Lakhisarai and also the order dated 07.07.2009 passed by the Collector, Lakhisarai is liable to be set-aside as same has been passed inviolation of the principles of Natural Justice, in as much as the Impugned Order has been passed without considering the facts and circumstances of the case. iii. For issuance of any other relief or relief(s) for which the petitioner is entitled for".

3. Learned counsel appearing on behalf of the

petitioner has stated that Sub-Divisional Officer, Munger,

Lakhisarai, vide order dated 28.06.2007 has cancelled the

licence of the petitioner only on the ground that the

petitioner has not submitted his explanation to the show

cause notice. That the Sub-Divisional Officer did not pass

the order on merits of the case and passed the order in a

mechanical manner. Though, the petitioner has filed an

appeal, as well as revision before the competent authority,

both the Appellate as well as the Revisional Authority have

dismissed the appeal and the revision respectively without Patna High Court CWJC No.10673 of 2023 dt.09-10-2023

adverting to the merits of the case confirming the order of

the Sub-Divisional Officer.

4. Learned counsel appearing on behalf of the

petitioner has stated that the matter is fairly contended by

the order of a Division Bench of this Hon'ble Court passed

in L.P.A. No. 861 of 2004 dated 06.09.2004, wherein this

Hon'ble Court has held that even if the licence holder does

not file any explanation to the Show Cause Notice, the

Authority concerned are legally bound to pass the orders on

merits. Therefore, the learned counsel seeks the indulgence

of this Court to set aside the impugned orders and remand

the matter back to the authority concerned for passing

orders afresh on merits.

5. Per contra, the learned counsel appearing on

behalf of the respondents while conceding to the Judgment

of this Hon'ble Court referred above has stated that he has

no objection for setting aside the impugned orders and

remand the matter back to the authority concerned for

passing orders afresh.

6. Having regard to the above made submissions

and also the law laid down in LPA No. 861 of 2004 dated Patna High Court CWJC No.10673 of 2023 dt.09-10-2023

06.09.2004, the impugned order dated 28.06.2007 is set

aside and the matter is remanded back to the Sub-Divisional

Officer, Munger, (Respondent No. 3) for passing a reasoned

order afresh strictly on merits. The authority concerned

shall give an opportunity to the petitioner to file his

explanation and then pass the order duly taking into

consideration the explanation submitted by the petitioner.

7. It is needless to mention that before passing any

order, the petitioner shall be given an opportunity of

hearing. The entire exercise shall be completed as

expeditiously as possibly preferably within a period of eight

weeks from the date of receipt of the copy of this order.

Any order passed shall be communicated to the party.

8. With the above directions, the present writ

petition stands disposed off.

(A. Abhishek Reddy , J)

Bhardwaj/-

AFR/NAFR
CAV DATE
Uploading Date          12.10.2023.
Transmission Date