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RAJEEV RANJAN PRASAD
Nizamuddin Ahmad – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Rajeev Ranjan Prasad, J.
1. Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner and Mr. Alok Ranjan, AC to AAG 5.
2. This writ application has been preferred for issuance of a writ in the nature of certiorari to quash the order dated 25.09.2017 passed by the Divisional Commissioner Saran at Chapra (respondent no. 2) in Revision Case No. 243 of 2016 by which the respondent no. 2 has been pleased to dismiss the revision application and affirmed the order passed by the District Magistrate-cum-Collector, Gopalganj (respondent no. 3) in Supply Appeal Case No. 16 of 2015 whereby the appeal preferred against the order of the Sub-Divisional Officer, Hathuwa cancelling the public distribution license of the petitioner being license no. 16 of 2017 has been upheld.
3. It is the case of the petitioner that Sub-Divisional Officer, Hathua vide letter no. 1039 dated 16.07.2015 (Annexure 1') called upon the petitioner to show cause as to why the license of the public distribution shop of the petitioner be not cancelled. The said show cause notice (Annexure 1') was issued in the light of the letter of the Block Supply Officer, Kateya bearing no. 60 dated 10.07.2015 reporting th
The main legal point established in the judgment is the requirement for the Licensing Authority to provide reasoned decisions, consider specific pleas and evidence, and adhere to principles of natura....
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
The petitioner lacked locus standi to challenge the suspension of licenses of retail distributors, and the principles of natural justice were upheld in the proceedings.
A show-cause notice must contain specific and clear charges against the person to whom it is issued. Vague and general charges render the notice invalid.
The dismissal of a writ petition due to the petitioner's repeated non-appearance in hearings illustrates the necessity of adherence to principles of natural justice in administrative proceedings.
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