This court quashed an order cancelling the petitioner's PDS license due to violation of natural justice caused by non-service of a show cause notice and lack of hearing opportunity. The matter was remanded for a fresh decision.
Impugned order dated 12/02/2011 quashed; matter remanded for fresh decision with hearing; petitioner's license restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22069 of 2018
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Raj Kumar Yadav Son of Bindeshwar Yadav, resident of Village- Birpur, PostBanki, P.S.- Madhepur, District- Madhubani.
... ... Petitioner
... ... Respondents
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Appearance : For the Petitioner : Mr.Akash Chaturvedi, Advocate For the Respondents : Mr.Alok Ranjan, AC to AAG 5 ======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT
Date : 10-06-2019
This matter has been heard and is being taken up for final disposal at the admission stage itself with consent of the parties.
“(i) For issuance of writ in the nature of certiorari for quashing of the order dated 12/02/2011 issued vide memo no. 91 dated 12/02/2011 by the Sub Divisional Officer, Jhanjharpur, whereby the License issued to the petitioner under the Public Distribution System has been cancelled without issuing the show cause notice nor any indulgence granted for rebuttal to any allegations levelled against petitioner and even without affording any opportunity of being heard is gross violation of Principles of Natural Justice which is wholly illegal and without jurisdiction.
Patna High Court CWJC No.22069 of 2018 dt.10-06-2019
2/3
(ii) For issuance of writ in the nature of Mandamus directing the respondents to restore the License granted to the petitioner under the Public Distribution System and resume the supply of food grains with immediate effect.
(iii) For issuance of writ in the nature of declaration holding the order passed by the respondent SDO, Jhanjharpur is arbitrary and bad in the eye of law as no enquiry report has been served on the petitioner nor any opportunity for rebuttal has been granted and on the basis of the alleged enquiry report the impugned action has been taken which is wholly without jurisdiction and has been passed in gross violation of principle of natural justice.
(iv) For any other relief/reliefs for which the petitioner is found entitled to in the acts and circumstances of the present case.”
Patna High Court CWJC No.22069 of 2018 dt.10-06-2019 3/3
(Vikash Jain, J)
BT/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 16.06.2019 |
| Transmission Date | N.A. |
2 issues framed by the court
Whether cancellation of PDS license without serving show cause notice and enquiry report violates principles of natural justice.
Whether the writ petition should be allowed granting quashing of the impugned order and restoration of the license.
1 provisions across 1 enactments
Raj Kumar Yadav
The State Of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna
The District Magistrate-cum-Collector, Madhubani
The Sub-Divisional Officer, Jhanjharpur
The Block Supply Officer, Madhepur
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
