Allowed

Virendra Paswan v. The State of Bihar and Ors.

Patna HC10 Jun 2019CWJC/2949/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition challenging the cancellation of a petitioner's Fair Price shop licence. The court held the cancellation order was non-speaking and violated natural justice, quashing it and remanding the matter for fresh proceedings with a speaking order.

What did the court decide?

Impugned order quashed; matter remanded for fresh disposal with speaking order; licence restored pending fresh orders.

Virendra Paswan Vs The State of Bihar and Ors. — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.2949 of 2019

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Virendra Paswan, aged about 48 years (Male) Raghuni Paswan Resident of Village- Madhwara, P.S. Paliganj, District- Patna.

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... ... Petitioner

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Versus

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

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The District Magistrate, Patna.

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The Sub- Divisional Officer, Patna.

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The Block Supply Officer, Paliganj, Patna.

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... ... Respondents

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====================================================== Appearance : For the Petitioner : Mr.Anujit Sinha, Advocate For the Respondents : Mr.Alok Ranjan, AC to AAG 5 ======================================================

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT

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Date : 10-06-2019

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This matter has been heard and is being taken up for final disposal at the admission stage itself with consent of the parties.

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The present writ petition has been filed for setting aside the order contained in memo no. 29 dated 19.1.2019 passed by the Sub-Divisional Officer, Patna in Case No. 01 of 2019 by which licence of the petitioner’s Fair Price shop 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 of cancellation, to the effect that the same has been passed mechanically and without

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Patna High Court CWJC No.2949 of 2019 dt.10-06-2019 2/3

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due application of mind and without assigning any reason for

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such cancellation.

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Learned counsel for the respondents appears and has been heard. No counter affidavit has been filed till date.

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Having heard learned counsel for the parties and on careful consideration of the materials available on record, this Court finds merit in the writ petition. A bare perusal of the impugned order discloses that the petitioner’s P.D.S. licence has been cancelled on the sole ground that the show cause reply filed by him was not satisfactory, without however assigning a single reason whatsoever as to why the same was not found satisfactory. There is no discussion in the order with regard to the plea raised by the petitioner in his show cause reply and why the same did not find favour with the authority. In such circumstances, therefore, it must be held that the impugned order does not amount to a speaking order and is thus violative of the principles of natural justice which cannot be sustained in law.

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Accordingly, the impugned order contained in Memo No. 29 dated 19.01.2019 (Annexure-3) passed by the SubDivisional Officer, Patna (Respondent No. 3) is hereby quashed and the matter is remanded to him to consider and dispose of the matter afresh by a speaking order after grant of opportunity of hearing to the petitioner in accordance with law. Licence of the

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Patna High Court CWJC No.2949 of 2019 dt.10-06-2019 3/3

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petitioner shall be restored without delay until fresh orders are

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passed by the respondent no. 3.

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The writ petition stands allowed as above.

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(Vikash Jain, J)

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BT/-

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	16.06.2019
Transmission Date	N.A.

Virendra Paswan v. The State of Bihar and Ors.

Case brief

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Virendra Paswan v. The State of Bihar and Ors.

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