Quashed

Ram Janam Prasad v. The State Of Bihar and Ors.

Patna HC4 Jul 2013CWJC/5582/2013

Case brief

AI extract

What is this about?

Writ application challenging the cancellation of a licence and its appellate rejection. The Court held that the proceedings were vitiated by violation of principles of natural justice because the licensing authority failed to enclose reports and consumer statements with the show cause notice, denying the petitioner a reasonable opportunity to defend. Both orders were quashed.

What did the court decide?

The original order dated 22.2.2012 and the appellate order dated 15.12.2012 are quashed. Licensing authority is directed to issue a fresh notice enclosing all documents and pass final orders after hea

Ram Janam Prasad Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5582 of 2013

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====================================================== 1. Ram Janam Prasad Son Of Ram Ramdeo Prasad Resident Of Village - Azamgarh, Gram Panchayat Saipganj, Block - Bankey Bazar, P.S. Rausganj, District - Gaya .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector, Gaya 3. The Sub-Divisional Officer, Sherghati, Gaya 4. The Block Supply Officer, Bankey Bazar, District - Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. N. K. Agrawal, Sr.Adv. Mr. D. N. Tiwari, Adv. For the Respondent/s : Mr. Anurag Saurav, A.C. to S.C. 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 4 04-07-2013 Petitioner has filed this writ application challenging the order dated 15.12.2012 passed by the Appellate Authoritycum-Collector, Gaya rejecting his appeal preferred against the order of the Sub Divisional Officer-cum-Licensing Authority dated 22.2.2012 cancelling his licence.

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Learned senior counsel for the petitioner has raised a very short issue in the matter. He submits that the show cause notice was issued to the petitioner as a consequence of an order passed by the Sub Divisional Officer, annexed as Annexure-2 with the writ application, which shows that two enquiries were held and reports were submitted in respect of functioning of the petitioner as licensee and statements of some consumers were also recorded

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Patna High Court CWJC No.5582 of 2013 (4) dt.04-07-2013

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during enquiry. After considering the same, the licensing authority was satisfied that the petitioner has violated the terms and conditions of licence and hence he ordered for issue of notice to him. Learned senior counsel for the petitioner has produced a copy of notice issued to the petitioner. From the notice also it appears that the reports have been referred to and written complaints of 27 consumers have been relied upon. He submits that the copies of the said reports and statements of the consumers were not enclosed with the show cause notice for consideration by the petitioner and for filing effective reply. He submits that, in view of this laches on the part of the licensing authority, petitioner was denied reasonable opportunity to take his defence against the charges and allegations in the reports and the complaints. Hence, he submits that there has been violation of Principles of Natural Justice in the case at the very threshold of the enquiry, which vitiates the impugned order.

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A counter affidavit has been filed by the respondents. However, it has not been denied in the counter affidavit that the petitioner was not supplied with the reports and the statements of the consumers.

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In the circumstances, this Court finds that the proceeding before the licensing authority at the very threshold was

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Patna High Court CWJC No.5582 of 2013 (4) dt.04-07-2013

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vitiated on account of violation of Principles of Natural Justice. Hence, the original order of the licensing authority dated 22.2.2012 and the appellate order dated 15.12.2012 are hereby quashed. Licensing authority will be at liberty to issue fresh notice to the petitioner enclosing therewith all incrementing documents which he intends to consider against the petitioner in the proceeding, giving him reasonable opportunity to file his reply. Thereafter, he will be at liberty to proceed afresh and pass final orders in accordance with law dealing with the reply of the petitioner.

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(Jayanandan Singh, J)

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Pradeep/-

Ram Janam Prasad v. The State Of Bihar and Ors.

Case brief

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Ram Janam Prasad v. The State Of Bihar and Ors.

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