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2021 Supreme(Pat) 1174

IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No. 16640 of 2019
(18.3.2021)
Md. Sanaullah ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

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

Headnote:

Public Distribution System – Cancellation of Fair Price Shop licence – Since inspection report has not been supplied to petitioner, petitioner has been precluded from submitting his wholesome defence, resulting in violation of principles of natural justice which has vitiated impugned orders – Order passed by Sub-Divisional Officer and one passed by District Magistrate quashed. (Paras 4 and 5)

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 case and considering the submissions made by the learned counsel for the parties as also considering the law laid down by this Court in a judgment reported in 2013 (2) PLJR 706 (Brahmadeo Rai vs. The State of Bihar & Ors.), this Court finds that since the inspection report has not been supplied to the petitioner, the petitioner has been precluded from submitting his wholesome defence, resulting in violation of the principles of natural justice, which has vitiated the impugned orders dated 17.12.2018 and 28.06.2019.

5. In such view of the matter, the order dated 17.12.2018 passed by the Sub-Divisional Officer, Narkatiyaganj and the one dated 28.06.2019 passed by the District Magistrate, West Champaran, Bettiah, are quashed.

6. The writ petition stands allowed.

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