Patna High Court
Vinesh Paswan vs The State Of Bihar Through The ... on 21 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8745 of 2021
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Vinesh Paswan Son of Ramchandra Paswan Resident of village - Dumra
Parsauni, P.S. Dumra, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Sitamarhi.
2. The Sub-Divisional officer, Sadar, Sitamarhi, District- Sitamarhi.
3. The Block Supply Officer, Suppi, District- Sitamarhi.
4. The Block Supply Officer, Parihar, District- Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Adv
For the Respondent/s : Mr. Arvind Ujjwal SC-4
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 21-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) For issuance of appropriate writ/writs,
direction/directions, order/orders in the nature of certiorari
for quashing the order contained in memo no. 151 dated
13.02.2021 passed by the learned SDO Sitamarhi, by whc
the PDS license bearing license no. 50/19 of the petitioner
has been cancelled without considering the so cause filed by
the petitioner which is against the law as well as on fact and
is fit to be set aside.
(ii) For issuance of appropriate writ/writs,
direction/directions, order/orders in the nature of mandamus
commanding the respondent to restore the license bearing
license no. 50/19 which is cancelled by the respondent
without assigning any reason or without applying his mind
in arbitrary manner which is against the law as well as on
fact and fit to be rejected."
Patna High Court CWJC No.8745 of 2021 dt.21-12-2021
In the impugned order while cancelling the licence
admittedly affecting the petitioner's right to livelihood or
peoples right to receiving essential supplies of food grains, the
Licensing Authority simply records, the allegations against the
petitioner but does not render any opinion whatsoever, with
regard to its authenticity or correctness, much less, after having
verified the same as such the order being bad in law also suffers
from the vice of violation of principles of natural justice. It is
absolutely cryptic; does not assign any reason; is not verified on
the factual matrix. Hence, we quash and set aside the impugned
order dated 13.02.2021, passed by S.D.O, Sitamarhi, with a
direction to the concerned appropriate authority to pass a fresh
order after affording opportunity of hearing to all concerned,
including the present petitioner.
The petitioner shall make himself available in the office
of Licensing Authority on 05.01.2022 at 10:30 am, on which
date opportunity of filing of his defence and documents in
support of his defence, if any, be afforded. The Licensing
Authority shall pass order assigning reasons within one month,
copy whereof shall be supplied to the petitioner.
Liberty is reserved to the petitioner to take recourse to
such alternative remedies as are otherwise available in
Patna High Court CWJC No.8745 of 2021 dt.21-12-2021
accordance with law.
Interlocutory application, if any, stands disposed of.
The petition stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
