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Judgment
Heard learned counsel for the petitioner and learned counsel for
the respondents.
The present writ petition has been filed for setting aside the
order passed by the Sub-Divisional Officer, Belsand contained in memo
no. 23 dated 15.01.2016 (Annexure-3) by which the licence granted
under the provision of the PDS Order, 2001 for carrying on business of
fair price shop has been cancelled even without supplying the enquiry
report.
Learned counsel for the petitioner makes a short submission to
assail the impugned order on the ground that a copy of the enquiry
report was not made available to the petitioner and he was never
confronted with the same with an opportunity of being heard or
adducing evidence in that regard. A specific stand has been taken in
paragraph 13 of the writ petition that the impugned order of
cancellation of licence has been passed without providing a copy of the
enquiry report to the petitioner, though the same had been relied upon
in the impugned order.
Learned counsel for the respondents appears and has been
heard. The stand of the petitioner with regard to non-supply of enquiry
report has not been controverted, as no counter affidavit has been filed
till date.
In the above view of the matter, this Court is satisfied that non-
supply of the enquiry report to the petitioner has resulted in violation
of natural justice and thus the decision making process stands vitiated.
The impugned order dated 15.01.2016 (Annexure-3) is hereby
quashed and the matter is remanded to the Sub-Divisional Officer,
Belsand, Sitamarhi for taking decision afresh in the matter after
supplying a copy of the enquiry report to the petitioner and granting an
opportunity of hearing in accordance with law. Supplies to the
petitioner shall be restored without delay until fresh orders are passed
by the respondent no. 4.
It is made clear that in case the stand of the petitioner denying
receipt of the enquiry report prior to order of cancellation being
passed is found to be incorrect, the respondents shall be at liberty to
approach this Court for recall of this judgment.
The writ petition stands allowed as above.