In a writ petition challenging the suspension of a PDS licence, the Patna High Court found that the order was passed without providing a reasonable opportunity of hearing. The Court held the order unsustainable and quashed it.
Quashing of the order dated 12.03.2020 suspending the petitioner's PDS licence.
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.7992 of 2020
======================================================
Gopal Bhagat S/o-Ram Lakhan Bhagat, R/o-Ward no. 09, Mohalla-Kabir Chak, P.O. and P.S.-Darbhanga, District-Darbhanga.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Alok Ranjan, Advocate For the Respondent/s : Mr.Gyan Shankar, AC to GP 2 ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
2 09-03-2021
Heard learned counsel for the petitioner and the
State.
The present writ petition has been filed by the petitioner with the grievance that the Sub-Divisional Officer, Sadar, Darbhanga has suspended the PDS licence of the petitioner on account of lodging of FIR.
Learned counsel appearing on behalf of the petitioner submits that the order suspending the PDS licence of the petitioner suffers from the vice of non-application of mind. He further submits that there was no short of food grains during the process of verification of stock and as such the action of the respondents suspending the PDS licence of the petitioner is
Patna High Court CWJC No.7992 of 2020(2) dt.09-03-2021 2/3
uncalled for.
Learned counsel appearing on behalf of the respondents submits that the order is appealable one which is controverted by the counsel for the petitioner. In the counter affidavit there is emphasis by the respondents that during search 13 bags of rice and one bag of wheat of 50 Kgs. Were found, which, prima facie, appears to be related to the public distribution system and after service of show cause notice, the licence of the petitioner was suspended.
Although the petitioner has filed reply to the show cause notice before the licensing authority but without disposal of the case by the licensing authority, the present writ petition has been filed.
On consideration of the rival contentions of the parties, the Court finds that the order suspending the licence of the petitioner was passed by the respondents without providing reasonable opportunity to the petitioner. In view of the above, the order dated 12.03.2020, as contained in Annexure-2 cannot sustain. It is, accordingly, quashed. However, the authorities shall be at liberty to take appropriate fresh decision after hearing the petitioner in accordance with law provided there are material to proceed against the petitioner.
Patna High Court CWJC No.7992 of 2020(2) dt.09-03-2021 3/3
With the aforesaid, the writ petition stands allowed
and disposed of.
(Anil Kumar Upadhyay, J)
spandey/-
U
2 issues framed by the court
Whether the order suspending the PDS licence without reasonable opportunity of hearing was lawful?
Whether the writ petition can be allowed when the licensing authority has not yet disposed of the show cause notice filed by the petitioner?
Gopal Bhagat
The State of Bihar through Principal Secretary Food and Civil Supply Government of Bihar
The District Magistrate, Darbhanga
The Sub-Divisional Officer, Sadar, Darbhanga
The Block Supply Officer, Sadar, Darbhanga
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
