IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5843 of 2007 AKHTAR HUSSAIN, SON OF LATE MD. HIRA, RESIDENT OF VILLAGE HARPUR CHANDI, POLICE STATION CHARPOKHARI, DISTRICT BHOJPUR, ARA. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, BHOJPUR, ARA. 3. THE S.D.O. ARA, DISTRICT BHOJPUR. 4. THE BLOCK SUPPLY OFFICER, GARHANI, DISTRICT BHOJPUR. For the petitioner : Mr. Ram Subhas Singh, Advocate. For the State : Mr. Udai Shankar Singh, AC to GA-3. ----------- 02. 02.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is a fair price shop dealer. He is aggrieved by the order bearing Memo No.813 dated 27.8.2003 passed by the Sub- Divisional Officer, Sadar, Ara, Annexure-2, whereunder his PDS licence has been cancelled on various allegations found true against the petitioner under enquiry report dated 12.6.2003. He is also aggrieved by the appellate order dated 28.11.2006, Annexure-4, whereunder appeal filed by the petitioner against the cancellation order has been rejected by the Collector, Bhojpur at Ara. 3. It is submitted on behalf of the petitioner that under letter no.521 dated 22.7.2003 he was noticed as to why his PDS licence be not cancelled but along with the notice, enquiry report dated 12.6.2003 was not served on the petitioner and as the enquiry report was not served, petitioner could not make effective reply to the allegations levelled against him. The appellate authority also without appreciating the fact that show cause notice did not contain the enquiry report, proceeded to dismiss the appeal. It is further submitted that for the failure of the authorities to serve the copy of the enquiry report on the petitioner, he has not been given adequate opportunity to defend himself. - 2 - 4. Aforesaid submission that petitioner was not given adequate opportunity to defend himself of the allegations found true against him under enquiry report dated 12.6.2003 does not appear to have been taken either in the writ petition or the Interlocutory Application No.9391 of 2010. Counsel for the petitioner submitted that he may be allowed time to file supplementary affidavit taking the aforesaid point. 5. In stead of granting opportunity to the petitioner to file supplementary affidavit asserting the aforesaid fact, I dispose of the writ petition granting liberty to the petitioner to approach the appellate authority requesting the appellate authority to call for the records of the licensing authority and to verify from the records whether copy of the enquiry dated 12.6.2003 was served on the petitioner. In case, copy of the enquiry report dated 12.6.2003 was not served on the petitioner, the appellate authority shall ensure service of the enquiry report on the petitioner and after giving him adequate opportunity to furnish further reply in the matter, pass appropriate order in accordance with law, notwithstanding the finding recorded in the order dated 27.8.2003 and the appellate order dated 28.11.2006, Annexures-2, 4. The review exercise in compliance of my order be made by the appellate authority, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Collector, Bhojpur at Ara. Rajesh/ (V.N. Sinha, J.)