Patna High Court
Ramswarup Paswan @ Ramsawrup Paswan vs The State Of Bihar on 1 February, 2022
Author: S. Kumar
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19651 of 2021
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Ramswarup Paswan @ Ramsawrup Paswan Son of Khublali Paswan, resident
of Village - Tetariya, Village - Panchayat - Charokhari, P.S.- Fatehpur, District
- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Food and
Consumers Protection, Government of Bihar, Patna.
2. The District Magistrate, Gaya.
3. The Sub-Divisional Officer, Sadar Gaya.
4. Assistant District Supply Officer, Sadar Gaya.
5. The Block Supply Officer, Fatehpur, Dist. - Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binay Kumar, Adv
For the Respondent/s : Mr.Arvind Ujjwal (SC4 )
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(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice /Hon'ble Judges through Video Conferencing from their residential
offices/residences. Also, the Advocates and the Staffs joined the proceedings
through Video Conferencing from their residences /offices.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 01-02-2022 Heard learned counsel for the parties. Petitioner has prayed for the following relief(s).
"That this is an application for issuance of appropriate writ/writs, order/orders and direction/directions to quash the order dated 09.11.2021 contained in memo no. 1153 by which the Ld. Sub Divisional Officer, Sadar Gaya, has capaciously been cancelled the License No. 33/16 of the petitioner carrying on business under the Public Distribution System as a PDS dealer and for direction upon the respondent No. 3 to continue allocation to the Public Distribution System shop of the petitioner after declaring the cancellation order null and void and/or pass such other order(s) as your Lordships may deem fit and proper under Patna High Court CWJC No.19651 of 2021 dt.01-02-2022 2/3 the facts and circumstances of the case."
The impugned order dated 09.11.2021, passed by Respondent No. 3, namely the Sub-divisional Officer, Sadar, Gaya is a cryptic and non-speaking order and entails civil consequences as it affects the petitioner's rights.
In view of the submissions made and the grounds mentioned in the petition, the impugned order dated 09.11.2021, passed by Respondent No. 3, namely the Sub-divisional Officer, Sadar, Gaya cancelling P.D.S. Licence No. 33 of 2016 of the petitioner, is quashed and set aside, with liberty to the petitioner to approach Respondent No. 3 afresh.
Petition is disposed of in the following terms:
(a) The petitioner shall make himself available before the Sub-divisional Officer, Sadar, Gaya on 18.02.2022;
(b) On the said date, the entire material shall be supplied to the petitioner;
(c) Within two weeks thereafter, petitioner shall file response, complete in all respects;
(d) Petitioner shall fully cooperate and not take any unnecessary adjournment;
(e) The officer shall pass an order assigning reasons within a period of three months thereafter;
Patna High Court CWJC No.19651 of 2021 dt.01-02-2022 3/3
(f) While considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.
(g) Liberty reserved to the petitioner to challenge the order, should the need so arise subsequently.
The petition is disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) (S. Kumar, J) ranjan/-
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