IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4919 of 2007 KARU SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner:- M/S N. K. Agrawal, Sr. Adv. and D.N. Tiwary, Adv. For the State :- Mr. Pankaj Kumar Sinha, J.C. to S.C. 3. --------------- 3. 22.8.2008 Heard Mr. N.K. Agrawal learned senior counsel for the petitioner and learned J.C. to Standing Counsel No. 3 for the State. The petitioner seeks quashing of an order contained in Letter No. 391(Aa) dated 23.11.2006 passed by the Sub-divisional Officer, Sherghati, Gaya by which the licence of the petitioner to carry on business under the Public Distribution System bearing no. 32/85 has been suspended. Various grounds have been taken by the petitioner for assailing the said order but in view of the fact that learned counsel for the State has raised the issue of availability of alternative remedy to the petitioner by way of appeal before the District Magistrate, whereas the stand of the petitioner is that since there has been violation of the principles of natural justice by the original authority, hence the plea of alternative remedy is not a bar for invoking the writ jurisdiction under Article 226 of the Constitution, this Court does not deem it proper to go into the merits of the matter. Suffice it to say that for the decision of the matter the petitioner claims that no show cause notice was served upon him before the order of cancellation was passed. The stand of the State in the counter affidavit is that the show cause dated 23.10.2006 was sent to the petitioner by a letter under certificate of - 2 - posting. Countering the same, the petitioner states that he was in jail from 10.11.2006 to 9.1.2007 in connection with the criminal case lodged with respect to the same matter. That being the assertion of the petitioner it has to be presumed that the show cause notice has not been served upon him as service of notice by post under certificate of posting is not considered as one of the valid modes of service of notice. Thus, it has to be held that there has been violation of principles of natural justice while passing the order of suspension. The writ application is, accordingly, allowed and the impugned order dated 23.11.2006 passed by the Sub-divisional Officer, Sherghati, Gaya is quashed. However, it would be open to the licensing authority to pass a fresh order in accordance with law after complying with the principles of natural justice. P. Kumar (Ramesh Kumar Datta, J.)