Ratnesh Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar, Adv. For the Respondent/s : Mr.S. Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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5 08-08-2024

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I.A. No. 01 of 2024

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The Interlocutory Application No. 01 of 2024 is

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allowed.

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2. Registry is directed to make necessary changes in

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the cause title.

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3. Heard the learned counsels for the parties.

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4 . This writ petition has been filed for seeking the

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following relief(s)

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“That this is an application for issuance of appropriate writ/writs, order/orders and direction/directions to quash the order dated 08- 06-2023 passed by the Ld. Divisional

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Patna High Court CWJC No.12227 of 2023(5) dt.08-08-2024 2/5

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Commissioner, Magadh Division, Gaya in Supply Revision case No. 186/2022, whereby while dismissing the revision on the ground of limitation he has affirmed the appellate order dated 23-01-2019 passed in Supply Appeal No.01/2019 by the Ld Additional Collector cum Additional District Magistrate, Gaya which was filed by the petitioner with liberty given to him by this Hon'ble High Court in C.W.J.C. No. 23946 of 2018 against the order dated 21-11-2008 passed by the Sub Divisional Officer, Sadar Gaya by which the petitioner's P.D.S. license No. 03/92 was erroneously cancelled and for direction upon the respondent No. 3 to continue allocation to the Public Distribution System Shop of the petitioner after declaring the cancellation order null and void and/or pass such other order(s) as your Lordships may deem fit and proper under the facts and circumstances of the case.”

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5 . Learned counsel appearing on behalf of the petitioner has stated that in the Show Cause Notice issued by the Sub-Divisional Officer there is no proposal for cancellation of the license. Learned counsel has stated that non-mentioning of the proposal for cancelling his license is contrary to the provisions of order 27(ii) of the Bihar Targeted Public

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Patna High Court CWJC No.12227 of 2023(5) dt.08-08-2024 3/5

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Distribution System (Control) Order, 2016 (hereinafter referred to as ‘the Order, 2016’).

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6 . Learned counsel for the petitioner has relied on the judgment of the full Bench passed in CWJC No.21202 of 2021 and analogous cases dated 26.09.2023 to buttress his contention that non-mentioning of the proposed action in the show-cause notice is bad in law and contrary to Rule 27(ii) of the Control Order, 2016.

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7. Learned counsel has stated that in view of the above mentioned provisions of law and judgment relied by the petitioner, the impugned order may be set aside and matter remanded back to the authorities concerned for issuing a fresh show-cause notice in terms of order 27(ii) of the Control Order, 2016 and thereafter take necessary action.

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8 . Per contra, the learned counsel appearing on behalf of the respondents has vehemently opposed the very maintainability of the writ petition and stated that the present writ petition is not maintainable as the petitioner has exhausted all the remedies and all the authorities have found that the petitioner has violated the provisions of the Control Order, 2016. Learned counsel has therefore prayed this Hon’ble Court to dismiss the present writ petition.

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Patna High Court CWJC No.12227 of 2023(5) dt.08-08-2024 4/5

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9 . This Hon’ble Court in CWJC No.21202 of 2021

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and analogous cases has held as under:

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“19. Accordingly, we answer the reference as under:-

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It is mandatory for a licensing authority issuing a notice under order 27(ii) to a license to mention that there is a proposal for cancellation of his license, failing which such notice cannot be treated to be a valid notice of giving sufficient opportunity to the licensee to state his case under order 27(ii) of the BTPDS Control Order. ”

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10 . A perusal of the show-cause notice issued to the petitioner does not reveal that there is any proposal of the action sought to be taken against the petitioner. Therefore, the same has to held as bad, illegal, contrary to the provisions of Rule 27(ii) of the Control Order and has to necessarily set aside.

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11 . Having regard to the above facts and circumstances and the law laid down by this Hon’ble Court, the present CWJC is allowed. The impugned order passed by the Revisional Authority dated 08.06.2023, the order passed by the Appellate Authority dated 23.01.2019, as well as the order passed by the Sub-Divisional Officer, Sadar Gaya dated 21.11.2008 are set aside. The matter is remanded back to the Sub-divisional Officer for issuing a fresh show-cause notice to the petitioner strictly in compliance with the provisions of Rule

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Patna High Court CWJC No.12227 of 2023(5) dt.08-08-2024 5/5

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27(ii) of the Control Order, 2016 and call for his explanation by giving him reasonable time.

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12 . On such show-cause notice being served, the petitioner shall file his explanation within the stipulated time. On receipt of the explanation submitted by the petitioner the authority concerned shall pass a reasoned order strictly in accordance with law duly taking into consideration the explanation submitted by the petitioner.

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13. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. Any order passed shall be communicated to the petitioner.

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14 . With the above directions, this Writ Petition is allowed to the extent indicated above.

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(A. Abhishek Reddy , J)

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Bhardwaj/-

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U

Ratnesh Kumar v. The State of Bihar

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Ratnesh Kumar v. The State of Bihar

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