Advocates:
['Kaushalesh Choudhary', 'LALIT KISHORE AG', '', 'Prashant Pratap GP']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7918 of 2020

======================================================

Vinod Kumar Mishra S/o Late Sadhu Kant Mishra Resident of Village-

Ketuka, P.O. Bariaul, P.S.- Sadar (Mabbi O.P.), District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supplies

Department, Bihar, Patna.

2.

The Commissioner Darbhanga Division, Darbhanga.

3.

The Collector Darbhanga, Darbhanga.

4.

The Sub Divisional Officer -cum- Licensing Officer Sadar, Darbhanga.

5.

The District Supply Officer Darbhanga.

6.

The Block Development Officer-cum- Block Supply Officer Sadar,

Darbhanga.

7.

The Block Co- operative Extension Officer Sadar, Darbhanga.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Kaushalesh Choudhary, Advocate

For the Respondent/s

:

Mr. Lala S.N. Rais, AC to GP-2

======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

3

18-05-2021

The present writ petition has been filed for quashing the

order dated 04.05.2020 passed by the Sub-Divisional Officer,

Sadar, Darbhanga, whereby and whereunder the P.D.S. license

of the petitioner bearing license no. 43/2016,has been cancelled.

The short point raised by the learned counsel for the

petitioner is that in pursuance to the notice dated 25.04.2020,

the petitioner had filed a detailed reply, however, the impugned

order dated 04.05.2020, has been passed by the Sub-Divisional

Officer, Sadar, Darbhanga without considering the reply of the

petitioner and the license of the petitioner has been cancelled by

Patna High Court CWJC No.7918 of 2020(3) dt.18-05-2021

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the impugned order dated 04.05.2020 in a perfunctory manner

without recording any reason in support of his conclusion.

Reference in this connection be had to a judgment

rendered by the Hon’ble Apex Court in the case of M/s. Kranti

Associate Pvt. Ltd. & Anr vs Masood Ahmed Khan & Ors

reported in (2010) 9 SCC 496, paragraph nos. 15, 24, 25, 47

and 48 whereof are reproduced herein below:-

“15. This Court always opined that the face of an order passed by

a quasi-judicial authority or even an administrative authority affecting the

rights of parties, must speak. It must not be like the “inscrutable face of a

sphinx”.

24. In Siemens Engg. and Mfg. Co. of India Ltd. v. Union of India

[(1976) 2 SCC 981 : AIR 1976 SC 1785] this Court held that it is far too

well settled that an authority in making an order in exercise of its quasi-

judicial function, must record reasons in support of the order it makes. The

learned Judges emphatically said that every quasi-judicial order must be

supported by reasons. The rule requiring reasons in support of a quasi-

judicial order is, this Court held, as basic as following the principles of

natural justice. And the rule must be observed in its proper spirit. A mere

pretence of compliance would not satisfy the requirement of law (see SCC

p. 986, para 6 : AIR p. 1789, para 6).

25. In Maneka Gandhi v. Union of India [(1978) 1 SCC 248 : AIR

1978 SC 597] which is a decision of great jurisprudential significance in

our constitutional law, Beg, C.J. in a concurring but different opinion held

that an order impounding a passport is a quasi-judicial decision (SCC p.

311, para 34 : AIR p. 612, para 34). The learned Chief Justice also held,

when an administrative action involving any deprivation of or restriction

on fundamental rights is taken, the authorities must see that justice is not

only done but manifestly appears to be done as well. This principle would

obviously demand disclosure of reasons for the decision.

47. Summarising the above discussion, this Court holds:

Patna High Court CWJC No.7918 of 2020(3) dt.18-05-2021

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(a) In India the judicial trend has always been to record

reasons, even in administrative decisions, if such decisions

aff