LAWS(PAT)-2021-9-29

MANOJ KUMAR THAKUR Vs. STATE OF BIHAR

Decided On September 14, 2021
MANOJ KUMAR THAKUR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for quashing the order dtd. 16/6/2021 passed by the Sub-Divisional Officer, East Muzaffarpur whereby and where under the PDS license of the petitioner bearing license no. 23/8/1-01/2016 has been cancelled.

(3.) The short issue raised for consideration by the learned counsel for the petitioner, Shri Ojha, is that a bare perusal of the show cause notice dtd. 12/3/2021, issued by the Sub-Divisional Officer, East Muzaffarpur would show that the only allegation levelled against the petitioner was regarding food grains not being supplied to one consumer namely Shri Kameshwar Prasad Singh, however, while issuing the impugned order dtd. 16/6/2021, several other issues have been considered on the basis of the stock register and other documents produced by the petitioner, nonetheless, no show cause notice with regard to such allegations/issues has ever been issued, hence, it is the case of the petitioner that the petitioner has not been given an opportunity to rebut or put forth his defence with regard to the fresh charges/ allegations on the basis of which the P.D.S. licence of the petitioner has been cancelled vide the impugned order dtd. 16/6/2021. In this regard the learned counsel for the petitioner has relied upon a judgment rendered by the Hon'ble Apex Court in the case of M/S Oryx Fisheries Pvt. Ltd. vs. Union of India and Ors. reported in (2010) 13 SCC 427, paragraphs no. 24 to 29 whereof are reproduced herein below:-