RABINDRA NATH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India, whereby and whereunder order dated 31.03.2017 passed in R.M.P. No. 02/2015-16 passed by Deputy Commissioner, Jamtara, by which, the order passed by the Sub-Divisional Officer,Jamtara, as contained in Memo No. 12 dated 11.01.2016 has been declined to be interfered with.

(2.) It is the case of the petitioner that under the scheme of Public Distribution System license was provided to run a shop being License No. 23/1987 and since the date of issuance of license, the petitioner is carrying out his business but on a complaint made by the local villagers, an enquiry was conducted, in which, the petitioner has participated but before passing the order of cancellation of license, no opportunity of hearing was given and this aspect of the matter has been raised in appeal by the petitioner but the same has not been answered by the appellate authority, therefore, the order passed by the Deputy Commissioner, Jamtara, who has declined to interfere with the original order passed by S.D.O., Jamtara, has been challenged before this Court on the ground of violation of principles of natural justice.

(3.) This Court after hearing the learned counsel for the petitioner on 23.04.2018 has passed order directing the respondent-State to file counter affidavit by specifically making a statement to the effect as to whether before cancellation of P.D.S license, the opportunity of hearing was provided to the petitioner or not.