Md. Sanaullah vs State of Bihar - 2021 Supreme(Pat) 1174

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 1174

MOHIT KUMAR SHAH
Md. Sanaullah – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: Mr. Sanjeev Kumar Mishra.
For the Respondent: Mr.S.Raza Ahmad.

Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 17.12.2018 passed by the Sub-Divisional Officer, Narkatiyaganj, whereby and whereunder the licence of the PDS shop of the petitioner has been cancelled. The petitioner has further prayed for quashing the order dated 28.6.2019 passed by the District Magistrate, West Champaran, Bettiah in Case No. CRM-634 of 2018-19.

2. The short point, which has been raised by the learned counsel for the petitioner, is that though the petitioner was served with show cause notice, however, a copy of the inspection report was not supplied to the petitioner, hence, resulting in violation of the principles of natural justice inasmuch as the petitioner was not granted an opportunity to submit his wholesome defence to the materials contained in the inspection report.

3. Per contra, the learned counsel for the State has referred to the counter affidavit filed in the present case and has submitted that due opportunity was granted to the petitioner to put forth his case, however, it has not been denied that the inspection report was not served upon the petitioner.

4. Having regard to the facts and circumstances of the cas

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