A False Plea ID being raised in the Writ Petition with Mala Fide Intention of Obtaining Favourable Is A Deprecated -High Court Of Patna
TITLE-Sugandhi Kumari VS The State Of Bihar
DECIDED ON-10/10/2023
+L.P.A No.533/2021
CORAM-Hon’ble The chief Justice and Hon’ble Justice Mr.raajiv roy
INTRODUCTION
As the present appeal has been preferred gir setting aside the order and Judgement passed by single judge CWJC No.1187/2020 by which the petition preferred by the appellant was dismissed
FACTS
As per the fact of the case appellant was a PDS dealer at Village Kubeya in the District of East Champaran.Vide notice contain memo no.375 issued under the signature of respondent sub divisional officers east champaran by which Appellant was directed to file within a period of three days.It has been indicated that the copy of the enquiry report has been enclosed but not provided to the petitioner. As petitioner prays to exonerate her from all the charges as due to illness she could not maintain the uptodate register.As memo no.386 on ,13/10/2018 passed by Respondent no.3 and On 22/10/2018 the appellant submitted the reply reiterating her earlier version.The case of the appellant before the writ court was not proper opportunity was given to her before the order for cancellation of PDS license was passed.The second submission was not beneficiary and the document submitted by her was not at all considered and order need tm interference.Whereas per the learned councel for Respondent where state that in the inspection of the shop number of irregularities were found and she was put in notice and found her without any merit as it was rejected on 9/10/2018 and other opportunity was granted on 13/10/2018 to fuke her second show cause submitted on 22/10/2018 .Therefore following the direction of the Patna High court The appellant preferred appeal before the collector who after going through the facts of the case and order of the sub division officer chose not to interfere with the order and reject the same.
THE COURT ANALYSIS AND DECISION
The court after hearing both the learned parties and perused the order passed by the Hon’ble single judge The court has taken note of each and every fact of the case and came to the conclusion that in her show cause filed on 08/10/2018 and 22/10/2018 non supply of enquiry report was never agitated and can be safely conclude that a false plea is being raised in the writ petition with mala fide intention of obtaining favourable orde which was also depreciated.The court taken note of the fact that the respondents have opportunity to the appellant before arriving at a conclusion for cancellation of the PDS license.The writ Court thus rightly chose not to interfere with the order dated passed by the SDO as well as The District Magistrate and court donot find any reason to interfere with the order of the writ court .The appeal is been Dismissed.
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