Bishan Das v. The State of Bihar
PDS Licence cancellation – Natural justice – Speaking orders
Case brief
What is this about?
Bishan Das v. State of Bihar; Patna High Court CWJC No. 13640 of 2024 (decided 21-01-2025, A. Abhishek Reddy, J); PDS Licence No. 44/2016 cancellation; SDO Bhagalpur Memo No. 722 dated 03.10.2017; Supply Appeal No. 191/2017-18; Supply Revision No. 16/2023-24; non-speaking/mechanical order; reasoned order; audi alteram partem; natural justice; non-consideration of explanation to show cause notice; non-examination of complainants/consumers; remand to Sub-Divisional Officer; eight-week timeline; Shukla and Brothers (2010) 4 SCC 785 relied on.
What did the court decide?
Orders dated 03.10.2017 (SDO, Bhagalpur, Memo No. 722), 19.01.2019 (Collector-cum-D.M., Bhagalpur, Supply Appeal No. 191/2017-18) and 03.08.2024 (Divisional Commissioner, Bhagalpur, Supply Revision No. 16/2023-24) set aside; matter remanded to the Sub-Divisional Officer for fresh orders after notice and hearing, taking into account the petitioner's explanation and permitting examination of consumer witnesses, preferably within eight weeks.