Partly allowed

Chandrika Verma v. State of Chhattisgarh and Ors.

Chhattisgarh HC1 Aug 2017WPC/7025/2007

Case brief

AI extract

What is this about?

The High Court set aside the show cause notice and the non-speaking order cancelling the petitioner's Fair Price Shop license as the petitioner was denied a reasonable opportunity of hearing. The matter was remanded for a fresh hearing and disposal within three months.

What did the court decide?

The show cause notice dated 27.09.2007 was set aside. The petitioner's writ petition stands disposed of.

Chandrika Verma Vs State of Chhattisgarh… — Public Procurement and Tenders | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (C) No. 7025 of 2007

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Chandrika Verma, President of Jyoti Mahila Swa Sahayata Samuh (A Registerd Society), Registered office at Vilage Borsi, Post Guidheli, Tahisl Beral, District Duirg (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, Through – The Secretary Food and Civil Supply Department, D.K.S. Bhawan, Raipur (C.G.)

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The Collector, District Durg (C.G.)

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Sub Divisional Officer, Sanja, District Durg (C.G.)

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A.C. Mishra, Food Inspector, Office of Food and Civil Supplies, District Durg (C.G.)

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Maa Purnima Swayatta Sahkari Upbhokta Bhandar Maryadit, Through : The President, Village Bhalesar, Tahsil Berla, District Durg (C.G.0

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---- Respondents

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For Petitioner : Mr. Prateek Sharma, Advocate. For State : Mr. Arun Sao, Dy. Advocate Genearl For Respondent No. 5 : Mr. Pragalbh Sharma, Advocate.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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0 1 /08 /2017

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(1) The petitioner was served with the show cause notice dated 27.09.2007 issed by respondent No. 3 along with enquiry report and on the same day his Fair Price Shop has been suspended and thereafter by order dated 05.11.2007 his Fair Price Shop has been cancelled, against which instant writ petition under Article 226 of the Constitution of India has been filed.

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(2) Learned counsel for the petitioner would submit that while

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cancelling his Fair Price Shop, he has not been given reasonable opportuntiy of being heard and only show cause notice along with enquiry report has been issued to him and, thereafter, petitioner was not afforded to defend himself by cross-examining their witnesses and straightway non speaking and non reasoned order of termination of his Fair Price Shop has been passed, which is absolutely unsustainable in law and is liable to be set aside.

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(3) On the other hand, counsel for the respondents opposes the writ petition.

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(4) I have heard learned counsel appearing for the parties and perused the order impugned with utmost circumspection.

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(5) A show cause notice dated 27.09.2007 has been served to the petitioner and on the same day order of suspension of his Fair Price Shop has been passed and, thereafter, respondentsState has neither proved allegations contained in the show cause notice by adducing evidence nor petitioner was given opportutnity to cross examine respondents' witnesses to prove the allegations made and the order of termination of Fair Price Shop has been passed which is unreasoned and non-speaking order whereas it would be reasoned and speaking order.

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(6) Since the petitioner has not afforded proper opportunity of hearing before issuing show cause notice, the impugned show cause notice dated 27.09.2007 is set aside. The matter is remitted back to the Sub Divisional Officer, Saja District Durg for hearing and disposal strictly in accordance with after hearing the

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parties concerned and to pass reasoned order expeditiously preferably within a period of three months from the date of receipt of certifed copy of this order.

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(7) With the aforesaid observations, the writ petition stands finally disposed of.

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Sd/-

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(Sanjay K. Agrawal) Judge

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D/-

Chandrika Verma v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

Chandrika Verma v. State of Chhattisgarh and Ors.

Case brief

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What did the court decide?

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