Kisun Paswan vs The State Of Bihar
2023 Latest Caselaw 5238 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4105 of 2023
     ======================================================

Kisun Paswan, S/o Shyam Narayan Paswan, Resident of Village- Kerma Dih, P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2. Collector-Cum-District Magistrate, Muzaffarpur.

3. Sub-Divisional Magistrate, West, Muzaffarpur.

4. Block Supply Officer, Kudhani, District Muzaffarpur

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

For the Petitioner/s : Mr.Shankar Kishore Shahi, Advocate For the Respondent/s : Mr.S. Raza Ahmad ( AAG 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 10-10-2023

Learned counsel for the petitioner has submitted

that he could not file a reply to the show-cause notice issued by

the licensing authority as his wife was seriously ill. Even though

the Medical documents were placed before the appellate

authority in support of his averment, the same were not

considered by the appellate authority and solely on the ground

that the petitioner did not file his reply to the show-cause, the

appeal was rejected and the cancellation order was upheld.

2. Learned counsel appearing for the State after

having noticed the aforesaid argument, states that the matter

may be remanded back to the Sub-Divisional Magistrate, West Patna High Court CWJC No.4105 of 2023 dt.10-10-2023

Muzaffarpur (Respondent No. 3) for deciding afresh after giving

a proper opportunity of hearing to the petitioner. Keeping in

view, the provisions of the Control order, 2016, it is expected

from the Sub-Divisional Magistrate to give a fair and proper

opportunity to the concerned licensee to defend himself against

the show-cause notice. For the said purpose as already held by

this Court, a copy of the Inspection Report should also be

provided to him and he would be free to defend himself to the

said extent also.

3. In view of the fact that the petitioner has not

been given a fair and proper opportunity and that he could not

file his reply as his wife was seriously unwell, this Court is

satisfied that the orders passed by the appellate authority cannot

be sustained.

4. In view thereof, the order passed by the

appellate authority as well as the Sub-Divisional Magistrate

dated 06.09.2022 and 04.10.2019, respectively, are quashed and

set aside with liberty to the Sub-Divisional Magistrate to

proceed afresh by giving a fresh show-cause notice and giving

opportunity of hearing to the petitioner by supplying him a copy

of the Inspection Report. The decision shall be taken within a

period of two months, the petitioner is expected to cooperate Patna High Court CWJC No.4105 of 2023 dt.10-10-2023

and file his reply within the time stipulated.

5. It is made clear that during the pendency of the

aforesaid proceedings, the license shall remain suspended.

6. This writ petition is, accordingly, disposed of.

(A. Abhishek Reddy , J)

Bhardwaj/-

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