Allowed

Devsharan Mandal v. The State Of Bihar and Ors.

Patna HC10 Apr 2018CWJC/6264/2018

Case brief

AI extract

What is this about?

The Patna High Court quashed an order cancelling a petitioner's Fair Price Shop license issued without providing the enquiry report or an opportunity to be heard. The matter was remanded to the Sub-Divisional Officer to decide afresh after complying with natural justice. Supplies were restored pending fresh orders.

What did the court decide?

The impugned order is quashed; matter remanded to the Sub-Divisional Officer for fresh decision after supplying the enquiry report and hearing.

Devsharan Mandal Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2018)

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Patna High Court CWJC No.6264 of 2018 dt.10-04-2018

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6264 of 2018

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Devsharan Mandal, son of Late Prayag Mandal, Resident of village- Anadipur, Baijutola, P.O and P.S.- Kahalgaun, District- Bhagalpur.

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.... .... Petitioner/s

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Versus

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

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The Collector, Bhagalpur, District- Bhagalpur.

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The Sub-Divisional Officer, Kahalgaun, District- Bhagalpur.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar Labh, Adv For the Respondent/s : Mr. S. RAZA AHMAD-AAG5

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT

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Date: 10-04-2018

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Heard learned counsel for the petitioner and learned counsel

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for the respondents.

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The present writ petition has been filed for quashing the order contained in memo no. 37 dated 10.01.2018 passed by the SubDivisional Officer, Kahalgaun, District Bhagalpur by which licence of the petitioner’s Fair Price shop bearing no. 83 of 2016 has been cancelled and monthly allotment has been stopped; and further to restore the petitioner’s licence.

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Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a copy of the enquiry report was not made available to the petitioner and he was never confronted with the same with an opportunity of being heard or

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Patna High Court CWJC No.6264 of 2018 dt.10-04-2018

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adducing evidence in that regard. A specific stand has been taken in para 11 of the writ petition that the impugned order of cancellation of licence has been passed without providing a copy of the enquiry report to the petitioner, though the same had been relied upon in the impugned order.

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Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-supply of enquiry report has not been controverted, as no counter affidavit has been filed till date.

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In the above view of the matter, this Court is satisfied that non-supply of the enquiry report to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 10.01.2018 (Annexure-1) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Kahalgaun, District Bhagalpur for taking decision afresh in the matter after supplying a copy of the enquiry report to the petitioner and granting an opportunity of hearing in accordance with law. Supplies to the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 3.

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It is made clear that in case the stand of the petitioner denying receipt of the enquiry report prior to order of cancellation being passed is found to be incorrect, the respondents shall be at liberty to approach this Court for recall of this judgment.

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Patna High Court CWJC No.6264 of 2018 dt.10-04-2018

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The writ petition stands allowed as above.

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(Vikash Jain, J)

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Chandran/BT

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	20.04.2018
Transmission Date	NA

Devsharan Mandal v. The State Of Bihar and Ors.

Case brief

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Devsharan Mandal v. The State Of Bihar and Ors.

Case brief

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