Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10717 of 2008 ====================================================== Raghaw Sharan Pandey, son of Srikant Pandey, resident of village-Harpur, P.S.-Chautarawa, District-West Champaran. .... .... Petitioner. Versus 1. The State of Bihar through Secretary cum Commissioner, Food & Supply Department, Government of Bihar, Old Secretariat, Patna-1. 2. The District Magistrate, West Champaran, Bettiah. 3. The District Supply Officer, Bettiah. 4. The Sub Divisional Officer, Bettiah. ====================================================== .... .... Respondents. With Civil Writ Jurisdiction Case No.11208 of 2008 ====================================================== Ram Binod Prasad, son of Late Prem Prasad, resident of village-Narsingha Thikadih, P.S.-Hathauri, District-Samastipur. .... .... Petitioner Versus 1. The State of Bihar 2. The District Collector, Samastipur 3. The Sub Divisional officer, Rosera, Samastipur. 4. The Block Supply Officer, Shevajee Nagar, Samastipur. ====================================================== .... .... Respondents With Civil Writ Jurisdiction Case No.16324 of 2008 ======================================================
Legal Reasoning
Suresh Prasad Gupta, son of Shri Anwat Sah, resident of village-Englishia, P.S.-Chautarawa, District-West Champaran. .... .... Petitioner Patna High Court CWJC No.10717 of 2008 (4) dt.25-09-2013 2/9 Versus 1. The State of Bihar 2. The Joint Secretary, Food Supply and Commerce Department, Government of Bihar, Patna. 3. The Collector, West Champaran at Bettiah. 4. The Sub-Divisional officer, Bagaha, District-West Champaran. 5. The Block Supply Officer, Bagaha-I, District-West Champaran. ====================================================== .... .... Respondents. With Civil Writ Jurisdiction Case No.11554 of 2009 ====================================================== Naimul Haque Khan, son of Late Junab Khan, resident of village- Machkana, Panchayat-Machakana, P.S.-Hussainganj, District-Siwan. .... .... Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Siwan. 3. The Sub Divisional Officer, Siwan. 4. The Block Supply Officer, Hussainganj, Siwan. ====================================================== .... .... Respondents With Civil Writ Jurisdiction Case No.11599 of 2009 ====================================================== Tarkeshwar Tiwari, son of Late Shyamdeo Tiwari, resident of village- Singarpatti, P.S.-Hussainganj, District-Siwan. .... .... Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Siwan. 3. The Sub Divisional Officer, Siwan. 4. The Block Supply Officer, Hussainganj, Siwan. ====================================================== .... .... Respondents Patna High Court CWJC No.10717 of 2008 (4) dt.25-09-2013 3/9 With Civil Writ Jurisdiction Case No.2028 of 2011 ====================================================== Madneshwar Prasad Singh, son of Late Chandra Narayan Singh, resident of Vill.- Bathua , P.S.- Pandaul, Distt.- Madhubani. .... .... Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Madhubani. 3. Sub-Divisional Officer, Sadar, Madhubani. 4. Block Supply Officer, Pandaul, Madhubani. ====================================================== .... .... Respondents With Civil Writ Jurisdiction Case No.2498 of 2011 ====================================================== Vishwanath Rai, son of Late Jeebachh Rai, resident of Village - Bathne, P.S. - Pandaul, District – Madhubani. .... .... Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Madhubani. 3. Sub Divisional Officer, Sadar, Madhubani. 4. Block Supply Officer, Pandaul, Madhubani. ====================================================== .... .... Respondents With Civil Writ Jurisdiction Case No.2717 of 2011 ====================================================== Tara Kant Safi, son of Daya Safi, resident of Village - Gorahi , P.O. Rahiya Kochi, P.S. Hathowri District - Samastipur. .... .... Petitioner Versus 1. The State of Bihar. 2. The Collector Samastipur. Patna High Court CWJC No.10717 of 2008 (4) dt.25-09-2013 4/9 3. The District Supply Officer , Samastipur. 4. The Sub Divisional Officer , Rosara . 5. The Block Supply Officer, Shivaji Nagar, Block Rosera District – Samastipur. ====================================================== .... .... Respondents with Civil Writ Jurisdiction Case No.20123 of 2011 ====================================================== Dharmnath Prasad Yadav, son of Late Banshi Pd. Yadav, resident of Village Basghat Masooria, Panchayat Basghat Masooria, Block Baikunthpur, Police Station Baikunthpur, District Gopalganj. .... .... Petitioner Versus 1. The State of Bihar. 2. The District Magistrate/Collector, Gopalganj. 3. The Sub Divisional Officer, Gopalganj. 4. The Assistant District Supply Officer, Gopalganj. 5. The Block Supply Officer, Baikunthpur, District Gopalganj. ====================================================== .... .... Respondents With Civil Writ Jurisdiction Case No.20505 of 2011 ====================================================== Brij Bihari Singh, son of Late Sheonath Singh, resident of Village- Barwa Kaparpura, Block- Hathuwa, Police Station- Mirganj, District- Gopalganj. .... .... Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Gopalganj. 3. The Sub-Divisional Officer, Hathuwa, Gopalganj. 4. The Assistant District Supply Officer, Gopalganj. 5. The Block Supply Officer, Hathwa, Gopalganj . ====================================================== .... .... Respondents Patna High Court CWJC No.10717 of 2008 (4) dt.25-09-2013 5/9 With Civil Writ Jurisdiction Case No.72 of 2012 ====================================================== Nageshwar Mandal, son of Late Bideshi Mandal, resident of Village- Bithalli, Police Station-Barahara Kothi, District-Purnea. .... .... Petitioner. 1. The State of Bihar. Versus 2. The Principal Secretary, Food, Supply and Commerce Department, Government of Bihar, Patna. 3. The Collector, Purnea. 4. The Sub Divisional Officer, Dhamdaha Sub Division, District-Purnea. 5. The Supply Inspector, Barahara Kothi, District-Purnea. ====================================================== .... .... Respondents With Civil Writ Jurisdiction Case No.364 of 2012 ====================================================== Smt. Renu Devi, W/O Late Arjun Thakur, resident of -Village + Post-Pratap Tand Purvi Block-Bhagwanpur, District-Vaishali. .... .... Petitioner. Versus 1. The State of Bihar 2. The Collector, Vaishali at Hajipur 3. The Sub. Divisional Officer, Vaishali at Hajipur 4. The District Supply Officer, Vaishali at Hajipur 5. The Block Development Officer, Bhagwanpur, Distt.-Vaishali 6. The Block Supply Officer, Bhagwanpur, District-Vaishali. ====================================================== .... .... Respondents Appearance : (In CWJC No.10717 of 2008) For the Petitioners : Mr. Madhav Roy, Advocate Mrs. Smt.Kanti Jha, Advocate Mr. R. N. Tiwary, Advocate Patna High Court CWJC No.10717 of 2008 (4) dt.25-09-2013 6/9 For the Respondents : Mr. Kundan Bahadur Singh, S.C.22 Mr. Narendra Kumar, A. C. to S.C.22 (In CWJC No.11208 of 2008) For the Petitioner : Mr. Pramod Ban Bihari Singh, Advocate For the Respondents : Mr. (SC5) (In CWJC No.16324 of 2008) For the Petitioner : Mr. Brij Kishor Mishra, Advocate For the Respondents : Mr. (GP3) (In CWJC No.11554 of 2009) For the Petitioner : Mr. Madhaw Prasad Yadav, Advocate For the Respondents : Mr. Rabindra Kr. Choubey, S. C.8 Mr. Minu Kumar, A. C. to S.C.8 Mr. Ashok Kumar Verma, A.C. to S.C.8 (In CWJC No.11599 of 2009) For the Petitioner/s : Mr. Madhaw Prasad Yadav, Advocate For the Respondent/s : Mr. Shekhar Prasad, A. C. to G. P. VII (In CWJC No.2028 of 2011) For the Petitioner/s : Mr. Baidya Nath Thakur, Advocate For the Respondent/s : Mr. Rajiv Kumar Singh, G.P. 2 Mr. Narendra Kumar Singh, A. C. to G. P.2 (In CWJC No.2498 of 2011) For the Petitioner/s : Mr. Baidya Nath Thakur, Advocate. For the Respondent/s : Mr. Girija Shankar Pd G.P. 1 Mr. Umesh Kumar, A. C. to G. P.1 (In CWJC No.2717 of 2011) For the Petitioner/s : Mr. Pramod Ban Bihari Singh, Advocate. For the Respondent/s : Mr. Shashi Bhushan Kr., S.C. 7 Ms. Arti Kumari, A. C. to S.C. 7 (In CWJC No.20123 of 2011) For the Petitioner/s : Mr. Arun Kumar Singh, Advocate For the Respondent/s : Mr. Dhurjati Kr Prasad, G.P. 7 (In CWJC No.20505 of 2011) For the Petitioner/s : Mr. Arun Kumar Singh, Advocate For the Respondent/s : Mr. Prashant Pratap, G. P. 6 Patna High Court CWJC No.10717 of 2008 (4) dt.25-09-2013 7/9 Mr. Asit Kumar Jha, A. C. to G. P.6 (In CWJC No.72 of 2012) For the Petitioner/s : Mr. Gyanand Roy, Advocate Mr. Sheo Nandan Mishra, Advocate. For the Respondent/s : Mr. Mukund Mohan Jha, A.C. to G.P.18 (In CWJC No.364 of 2012) For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Respondent/s : Mr. S.S. Shabbar Hussain G.P. 4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 25-09-2013 This group of writ Petitions filed under Article 226 of the Constitution are placed before us under the reference dated 23rd November 2011 made by the learned single Judge.
Decision
The writ petitioner in each Petition was a licencee of a Fair Price Shop under the Public Distribution System. On spot inspection, each of the writ petitioners was found to be at wrong end, i.e. each writ petitioner was found to be guilty of breach of the terms and conditions of licence. In view of the alleged breach of the terms and conditions of licence, their licence came to be suspended and then cancelled. The writ petitioners have approached this Court to challenge the orders of cancellation of the licence made by the concerned Sub-Divisional Officer. According to the writ petitioners, under the prevalent Public Distribution System (Control) Order, 2001, the respondent-authorities may, in case of breach of terms and conditions of the licence, either suspend the licence or cancel the Patna High Court CWJC No.10717 of 2008 (4) dt.25-09-2013 8/9 licence. The said two punitive actions were mutually exclusive. Once the licence was suspended, the authorities could not have cancelled the said licence. The question whether the respondent-authorities have power to cancel the licence which was earlier suspended, has been a matter of consideration by this Court time and again. The consistent view taken by this Court was that once the licence was suspended; there cannot be an order of cancellation of licence. Pradhuman Chaudhary vs. The State of Bihar & Ors. {(2010) 4 PLJR 178}. The matter came up for consideration by the Division Bench (to which one of us, the Chief Justice was a party) in the matter of Shiv Chandra Jha vs. Harideo Jha & Ors. {2013 (3) PLJR 956}. The Bench has held that once the licence was suspended by the licensing authority, it was divested of its power to cancel the licence. The learned advocates appearing for the respondent- authorities have fairly conceded that this group of writ Petitions would be governed by the above referred judgment in the matter of Shiv Chandra Jha. They have also pointed out the Public Distribution System Control (Amendment) Order, 2011 issued under Government Notification dated 23rd June 2011 and published in the Official Gazette on 15th July 2011. It appears that under the aforesaid amendment, the power to suspend the licence conferred upon the licensing authority has been omitted. In other words, now the only action that the licensing authority can take in case of breach of the terms and conditions of the licence is that of cancellation of licence. As in the cases before us the challenge is against the actions taken prior to the aforesaid Amendment of Patna High Court CWJC No.10717 of 2008 (4) dt.25-09-2013 9/9 2011, the same would be governed by the Order prevailing at the relevant time. In above view of the matter, the above writ petitions are allowed. The impugned orders of cancellation of licence made by the respondent-authorities are set aside. The legal consequences shall follow. (R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sunil/-