Patna High Court - Orders
Birendra Ram vs The State Of Bihar & Ors on 15 September, 2014
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court CWJC No.14177 of 2012 (4) dt.15-09-2014 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14177 of 2012
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Birendra Ram S/o Late Ranjeet Ram Resident of Narahwa Shukul, P.S.-
Gopalpur, District- Gopalganj
.... .... Petitioner.
Versus
1. The State of Bihar through the Secretary, Food & Civil Supply
Department, Secretariat, Patna
2. The Secretary, Food & Supply Department, Secretariat, Patna
3. The District Magistrate, Gopalganj
4. The Sub-Divisional Magistrate, Gopalganj
5. The District Supply Officer, Gopalganj
6. Block Supply Officer, Kuchaikot, District- Gopalganj
.... .... Respondents.
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Appearance :
For the Petitioner : Mr. Sanjeet Kumar
For the Respondents : Mr. Rajeev Kr. Singh GP15
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
4 15-09-2014Heard learned counsel for the petitioner and learned counsel, appearing for the State.
The petitioner has filed this writ petition for quashing the order dated 23-03-2012, by which, the Sub Divisional Officer, Gopalganj cancelled the licence of Public Distribution shop of the petitioner, on the basis of inquiry, conducted by Block Supply Officer.
Learned counsel for the petitioner submits that at the time of inquiry, the Block Supply Officer did not give any opportunity to the petitioner to produce his evidence and as a matter of fact, having conducted ex parte inquiry, the Block Patna High Court CWJC No.14177 of 2012 (4) dt.15-09-2014 2 Supply Officer recommended for cancellation of licence of Public Distribution shop of the petitioner. He further submits that no doubt, the Sub Divisional Officer gave liberty of hearing to the petitioner, by issuing show cause notice to him, but the inquiry report was not furnished to the petitioner along with the above- said show cause notice and a coordinate bench of this court in Brahmdeo Rai Vs The State of Bihar & Ors. reported in 2013(2) PLJR 706 has already held that non-supply of copy of the inquiry report and statement of charges, would be violation of principle of natural justice.
Admittedly, Section-15 of Public Distribution System (Control) Order, 2001 says that if, any person is aggrieved by an order of Licencing Authority, the said person may appeal to the appellate authority within 30 days of the receipt of the order. Therefore, it is apparent that there is a provision of appeal for challenging the impugned order of cancellation of licence of the petitioner and therefore, in my view, the petitioner ought to have challenged the impugned order before the appellate authority under Section-15 of Public Distribution System (Control) Order, 2001.
Accordingly, this writ petition stands disposed off with liberty to the petitioner that the petitioner may file appeal against Patna High Court CWJC No.14177 of 2012 (4) dt.15-09-2014 3 the impugned order dated 23-03-2012 passed by Sub Divisional Officer, Gopalganj in Supply Case No. 07 of 2012 and if, any delay is found in filing the appeal, the appellate court shall condone the same, taking note of this fact that the petitioner had been pursuing the matter before a wrong forum and shall decide the appeal within the statutory period, as fixed in the Control Order itself.
(Hemant Kumar Srivastava, J) A.K.V./-
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