IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7071 of 2009 KISHUNDEO PASWAN SON OF SHRI SHITAL PASWAN, DEALER, UNDER PUBLIC DISTRIBUTIN SYSTEM, JAGDISHPUR DIULIA, BLOCK NAUTAN, DISTRICT WEST CHAMPARAN ………PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, WEST CHAMPARAN, BETTIAH 3. THE SUB-DIVISIONAL OFFICER, BETTIAH, WEST CHAMPARAN 4. THE DISTRICT SUPPLY OFFICER, WEST CHAMPARAN, BETTIAH 5. THE BLOCK SUPPLY OFFICER, NAUTAN BLOCK, WEST CHAMPARAN. ----------- 05/ 11.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner challenging order dated 08.09.2008 (Annexure-1) passed by Sub-Divisional Officer, Bettiah Sadar stopping the supply/allotment of essential commodities to the fair price shop of the petitioner and also challenging order dated 05.01.2009 (Anneuxre-1/1) by which the Collector, West Champaran dismissed petitioner’s appeal bearing C.R.M. Case No.47 of 2008-09. Learned counsel for the petitioner summits that he is a licensee having fair price shop Licence No.04 of 2008 under the Public Distribution System governed by the Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order, 2001. Learned counsel for the petitioner further submits that no notice was ever served upon the petitioner with respect to any grievance of the authorities or anyone else nor any explanation/show-cause was ever asked from him and furthermore no order of suspension or of cancellation of his licence was ever passed by any of the authorities - 2 - concerned and all of a sudden order dated 08.09.2008 (Annexure-1) was passed by the Sub-Divisional Officer, Bettiah Sadar (respondent no.3) stopping the allotment of essential commodities to the petitioner’s fair price shop with immediate effect and the said order was affirmed by the Collector, West Champaran. From a bare perusal of the impugned order of the Sub- Divisional Officer, Bettiah Sadar dated 08.09.2008, it is quite apparent that it is without consideration of any fact and material and is also without any notice to the petitioner. Even the resolution of the District Level Selection Committee dated 11.08.2008 referred to in the said order has not been shown to have been passed after any notice or information to the petitioner. So far the appellate order dated 05.01.2009 is concerned, it transpires from Annexure-1/1 that merely in the margin of the first page of the memo of appeal of the petitioner it is inscribed by the Collector that “I find no merit in the petition and accordingly it is dismissed”. It is thus apparent that there was absolute absence of application of mind by the authority concerned without appreciating that the Collector is appellate authority and if appeal/petition is filed before him, the entire pleadings and materials have to be considered before passing any order in the case. In this court also the aforesaid writ petition was filed after serving two copies of the writ petition in the office of the Advocate General on behalf of the State and its authorities, but no counter affidavit was filed and hence a Bench of this court vide order dated 29.06.2009 granted four weeks time to the respondents for filing counter affidavit. - 3 - Again the case was listed on 07.09.2010 but although more than a year had lapsed, no counter affidavit was filed and again adjournment was sought by learned counsel for the respondents. Thereafter the case was listed on 23.09.2010 but learned counsel for the respondents repeated his prayer for adjournment to seek instructions and file counter affidavit and hence as a matter of last chance two weeks time was allowed with an observation that if by that time also no counter affidavit is filed it shall be presumed that respondents have nothing to say with respect to the facts stated in the writ petition. In spite of the aforesaid repeated orders, no counter affidavit has been filed till date, although learned counsel for the respondents submits that he had repeatedly informed the authorities about the orders of this court. In the said circumstances, it is quite apparent that the respondents have nothing to say with respect to the facts stated by the petitioner in the instant writ petition. Considering the aforesaid facts and circumstances of the case as well as the attitude of the respondents, this writ petition is allowed and the impugned orders dated 08.09.2008 (Annexure-1) and 05.01.2009 (Annexure-1/1) passed by the Sub-Divisional Officer, Bettiah Sadar and the Collector, West Champaran, respectively are hereby quashed and the authorities are directed to supply/allot the essential commodities to the fair price shop of the petitioner in accordance with law. Harish (S.N. Hussain, J.)