Chhote Lal Ram vs The State Of Bihar
2021 Latest Caselaw 5425 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.6638 of 2020
     ======================================================

Chhote Lal Ram Son of Late Mahanth Ram, Resident of Village- Raibari Mahuawa, Police Station- Chautarwa, District- West Champaran, Bettiah.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna.

2. The District Magistrate-Cum-Collector, Bettiah, West Champaran.

3. The Licensing Authority-Cum-Sub Divisional Officer, Bagaha, West Champaran.

4. The District Supply Officer, West Champaran, Bettiah.

5. The Block Supply Officer, Bagaha-1, West Champaran, Bettian.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Respondent/s : Mr. S.Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-11-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.6638 of 2020 dt.23-11-2021

We are in agreement with the submissions made by

learned counsel appearing for the petitioner that three days

period to respond to the show cause notice bearing Memo No.

35 dated 31.01.2015 (Annexure-1) [Page-13], was insufficient

for placing on record materials in support of his case. We notice

that neither the Appellate Authority nor the Revisional Authority

has dealt with this aspect in their order while dismissing the

petitioner's appeal/revision.

As such, on this short ground alone, we quash and set

aside the order dated 20.02.2015 passed by the Sub Divisional

Officer-cum-Licensing Authority, Bagaha in Case No. 02/2015

(Annexure-3); order dated 16.03.2019 passed by the Collector,

West Champaran, Bettiah in Case No. C.R.M. 35/2014-15

(Annexure-4) and the order dated 15.11.2019 passed by the

Commissioner, Tirhut Division, Muzaffarpur in P.D.S. Revision Patna High Court CWJC No.6638 of 2020 dt.23-11-2021

Case No. 108/2019 (Annexure-5) remanding the matter back to

the Licensing Authority for passing a fresh order in accordance

with law.

Since the matter pertains to the year 2015, petitioner

shall appear before the appropriate authority on 14.12.2021, on

which date, he shall also file a detailed response and place on

record materials in support of his case.

The appropriate authority shall pass a fresh order

assigning reasons within a period of four weeks thereafter.

In the meanwhile, status quo, as on date, shall be

maintained.

Interlocutory application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 26.11.2021 Transmission Date