IN THE HIGH COURT OF JUDICATURE AT PATNA
G.ANUPAMA CHAKRAVARTHY
Chano Devi wife of Sri Mithilesh Singh – Appellant
Versus
State Of Bihar through the Principal Secretary, Food Consumer and Protection Department – Respondent
| Table of Content |
|---|
| 1. writ petition reliefs regarding cancellation of license (Para 1 , 2) |
| 2. grounds for license cancellation and breach of natural justice (Para 3 , 4 , 5 , 6) |
| 3. no evidence of proper service by respondents (Para 7 , 8) |
| 4. respondents' argument on license cancellation process (Para 9 , 10 , 12) |
| 5. reinforcement of petitioner's claim of notice non-service (Para 13 , 14) |
| 6. existence of alternative remedy and assessment of court's jurisdiction (Para 15 , 16 , 17 , 18 , 19) |
| 7. final orders on the writ petition and directions for appeal (Para 20 , 21) |
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
1. The writ petition is filed for the following reliefs:
“(i) For quashing the order dated 29-08-2017 (Annexure-1) passed by the sub Divisional Officer, Hajipur by which the P.D.S. licence No. 08/2013 of the petitioner has illegally been cancelled without adhering to the principles of Natural Justice before passing the order and without serving the copy of complaint petition, copy of show cause notice, copy of enquiry report of respondent Nos. 5,6 and copy of order of respondent No. 4 to reply and contradict against the allegations which are mandatory under law/rule.
(ii) For issuance of Mandamu
A breach of natural justice due to non-service of notices invalidates administrative actions unless an alternative statutory remedy exists, which the petitioner must pursue.
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