Kapildeo Paswan vs The State Of Bihar
2021 Latest Caselaw 5214 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.9318 of 2020
     ======================================================

Kapildeo Paswan, Male, aged about 55 years, son of Late Uttim Paswan, resident of village- Hazpurba Basant, P.S.- Mahindbara, District- Sitamarhi ... ... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Sitamarhi

2. The District Magistrate, Sitamarhi

3. The Sub Divisional Officer, Sitamarhi, Sadar, District- Sitamarhi

4. The District Supply Officer, Sitamarhi

5. The Block Officer, Runnisaidpur Block, District- Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate For the Respondent/s : Mr. S. Raza Ahmad, AAG 5 with Mr. Md. Kamil Akhtar, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 15-11-2021

Heard.

The petitioner has impugned the order dated

24.01.2020 contained in Memo No. 07 dated 24.01.2020 passed

by the Sub Divisional Officer, Sitamarhi, Sadar, Sitamarhi.

The grievance of the petitioner is that the order is non

speaking order and has been passed in a very mechanical

manner rejecting the license of the petitioner, thus, suffers from

non-application of mind.

We, thus, propose to remit the matter back to the same

authority to decide the matter afresh.

Patna High Court CWJC No.9318 of 2020 dt.15-11-2021

Learned counsel for the State has no objection to it.

In view of the above, the impugned order dated

24.01.2020 contained in Memo No. 07 dated 24.01.2020 passed

by the Sub Divisional Officer, Sitamarhi, Sadar, is set aside and

the matter is remitted back to the same authority for passing a

fresh order, in accordance with law, within four weeks from

today.

The writ petition stands allowed.

(Rajan Gupta, J)

(Mohit Kumar Shah, J)

J. Alam/-

AFR/NAFR
CAV DATE
Uploading Date       20.11.2021
Transmission Date