Punam Devi v. The State of Bihar
Case brief
What is this about?
Petitioner challenged orders cancelling her PDS license for not being mentioned in show cause notice. Court followed precedent requiring explicit proposal mention.
What did the court decide?
Impugned orders 13.04.2023, 22.06.2018 and 16.11.2016 set aside; matter remanded to Sub-Divisional Officer for fresh notice and hearing within eight weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15424 of 2023
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Punam Devi, Female, aged about 45 years, Wife of Shatrughan Sah (P.D.S Dealer), Resident of Village- Sitamarhi Rasalpur, P.S- Sitamarhi, DistrictSitamarhi.
... ... Petitioner/s
- Versus
- The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.
- The Divisional Commissioner, Tirhut Division, Muzaffarpur.
- The District Magistrate, Sitamarhi.
- The Sub Divisional Officer, Sitamarhi.
- The Block Supply Officer, Riga, Sitamarhi.
... ... Respondent/s
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Issues for consideration
3 issues framed by the court
Whether a Show Cause Notice under Rule 27(ii) of the PDS Control Order must explicitly mention a proposal to cancel the license?
Whether the impugned orders cancelling the PDS license are liable to be set aside for violation of principles of natural justice?
Whether the matter should be remanded to issue a fresh compliant notice and provide an opportunity of hearing?
Parties & counsel
- petitioner
Punam Devi
- respondent
State of Bihar
- respondent
Divisional Commissioner, Tirhut Division, Muzaffarpur
- respondent
District Magistrate, Sitamarhi
Coram
Case details
As recorded by the court registry
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