Allowed

Rajnandan Chaudhry v. The State of Bihar

Patna HC25 Feb 2020CWJC/2264/2020

Case brief

AI extract

What is this about?

The Court allowed this writ petition and quashed an order cancelling the petitioner's P.D.S. licence. The cancellation was induced by an unsupplied opinion from the Assistant District Supply Officer, violating the petitioner's right to defense and principles of natural justice, though the licensing authority was given liberty to proceed afresh.

What did the court decide?

The impugned order of cancellation dated 25.10.2019 is quashed. The petitioner is given liberty to proceed afresh.

Rajnandan Chaudhry Vs The State of Bihar — Writ and Judicial Review | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2264 of 2020

¶2

======================================================

¶3

Rajnandan Chaudhry S/o Brahamdev Chaudhry Resident of Village- Revada, P.S.- Belaganj, District- Gaya.

¶4

... ... Petitioner/s

¶5

Versus

¶6

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

¶7

The SDO, Sadar Gaya.

¶8

In-Charge Assistant District Supply Officer, Gaya.

¶9

The Block Supply Officer, Belaganj, Gaya.

¶10

... ... Respondent/s

¶11

====================================================== Appearance : For the Petitioner/s : Mr.Vijay Anand For the Respondent/s : Mr.Arvind Ujjwal (Sc4) ======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

¶13

ORAL ORDER

¶14

2 25-02-2020 The present writ petition has been filed for

¶15

quashing the order dated 25.10.2019, whereby and whereunder the P.D.S. licence of the petitioner bearing licence no. 22 of 2016 has been cancelled by the Sub Divisional Officer, Sadar, Gaya.

¶16

The short issue raised by the petitioner in the present case is that the impugned order dated 25.10.2019 would itself show that opinion was sought for from the In-charge Assistant District Supply Officer, Sadar, Gaya and on the basis thereof, the Sub Divisional Officer, Sadar, Gaya has cancelled the licence of the petitioner. It is thus submitted that the said action of the Sub Divisional Officer, Sadar, Gaya is illegal,

¶17

Patna High Court CWJC No.2264 of 2020(2) dt.25-02-2020 2/3

¶18

inasmuch as the petitioner has not been supplied with a copy of the opinion of the In-charge Assistant District Supply Officer, Sadar, Gaya so as to enable him to submit his wholesome defence which has resulted in denial of fair opportunity to the petitioner to establish his innocence, hence it is submitted that the Principals of Natural Justice have been violated. In this connection, the learned counsel for the petitioner has relied upon the order/ judgment of this Court dated 17.12.2018 and 30.05.2019 passed in CWJC no. 16872 of 2016 and CWJC no. 10937 of 2016 respectively.

¶19

The position existing as on fact as also in law, is not denied by the learned counsel for the State. 4. Having regard to the facts and circumstances of this case, considering the submissions of the learned counsel for the parties as also considering the aforesaid judgments rendered by this Court, this Court finds that the S.D.O. Sadar, Gaya has passed the impugned order dated 25.10.2019, primarily on the basis of the information furnished by the In-charge Assistant District Supply Officer, Sadar, Gaya which was never supplied to the petitioner herein, hence the petitioner has been denied fair opportunity to put forth his defense resulting in violation of the Principles of Natural Justice, thus the impugned order dated

¶20

Patna High Court CWJC No.2264 of 2020(2) dt.25-02-2020 3/3

¶21

25.10.2019 cannot be sustained in the eyes of law, hence is quashed. The writ petition stands allowed, however with liberty to the S.D.O. Sadar, Gaya to proceed afresh, in accordance with law.

¶22

(Mohit Kumar Shah, J)

¶23

Ajay/-

¶24

Rajnandan Chaudhry v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajnandan Chaudhry v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Orion Security Solutions Pvt. Ltd. Vs The Union of India

Arjun Yadav Vs The State of Bihar

Shivballabh Yadav Vs The State of Bihar

Md. Hassan Khan @ Hasan Khan Vs The State of Bihar

Sudhir Kumar Arora Vs The State of Bihar

Simant Shekhar, Vs The State of Bihar