Patna High Court
Dinesh Singh vs The State Of Bihar on 22 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4308 of 2021
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Dinesh Singh, Son of Ramdev Singh, Resident of Village-Baiju Bigha, Gram
Panchayat-Belauti, Block and Police Station-Gurua, District Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Old Secretariat, Patna.
2. The District Magistrate cum Collector, Gaya.
3. The Sub-Divisional Officer cum Licensing Authority, Sherghati, Gaya.
4. The Assistant District Supply Officer, Sherghati, Gaya.
5. The Block Supply Officer, Gurua, District-Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya, Advocate
For the Respondent/s : Mr.Lalit Kishore (AG)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-12-2021
The present petition stands filed, invoking the
jurisdiction of this court under Article 226, Constitution of
India.
Petitioner has prayed for the following relief(s):-
"For issuance of appropriate writ/writs,
order/orders, for setting aside the order dated 22.02.2020
passed by the S.D.O. Sherghati, Gaya, whereby the
P.D.S. license no. 06/2016 in the name of the petitioner
has been cancelled illegally."
The petitioner is a dealer under the Public Distribution
Patna High Court CWJC No.4308 of 2021 dt.22-12-2021
System whose license stood cancelled upon an inspection
conducted by B.S.O, Gurua, pursuant to which the S.D.O issued
notice to him on 07.02.2020, granting him 5 days time to file
documents in favour of his case, and soon after, passed an order
revoking the license on 22.02.2020. Hence, this present
petition.
We find that, the impugned order is a non-speaking
and cryptic one as it only mentions the irregularities found
during inspection and does not detail the testimonies on the
basis of which the licence has been cancelled on account of
inadequate countering of allegations by the petitioner. The
objection filed by the petitioner was neither referred to nor dealt
with by the Officer.
As such, on this short ground alone, we quash and set
aside the order dated 22.02.2020 passed by the Sub-Divisional
Officer, Sherghati, Gaya remanding the matter back to the
officer concerned for passing a fresh order in accordance with
law.
Since the matter pertains to the year 2020, petitioner
shall appear before the appropriate authority on 10.01.2022, on
which date, he shall also file a detailed response and place on
record materials in support of his case.
Patna High Court CWJC No.4308 of 2021 dt.22-12-2021
The appropriate authority shall pass a fresh order
assigning reasons within a period of four weeks thereafter.
Liberty reserved to assail the same before the appropriate forum,
should the need so arise.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
Sujit/Ashwini ( S. Kumar, J)
AFR/NAFR
CAV DATE
Uploading Date 24.12.2021
Transmission Date
