Kunwar Das vs The State Of Bihar
2021 Latest Caselaw 5579 Patna

Citation : 2021 Latest Caselaw 5579 Patna
Judgement Date : 29 November, 2021

Patna High Court

Kunwar Das vs The State Of Bihar on 29 November, 2021

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9826 of 2021
     ======================================================

Kunwar Das, Son of Late Shyam Ravidas, Resident of Village-Panaul, Village Panchayat-Kolauna, Police Station-Gurua, District-Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar at Patna.

2. The Divisional Commissioner, Gaya.

3. The District Magistrate, Gaya.

4. The Sub Divisional Officer, Sherghati, Dist.-Gaya.

5. The Block Supply Officer, Gurua, Dist.-Gaya.

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

For the Petitioner/s : Mr. Binay Kumar, Advocate

For the Respondent/s : Mr. Arvind Ujjwal ( S.C. 4 ) Mr. U.P. Singh, A.C. to S.C. 4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 29-11-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"To quash the order dated 29.08.2013 contained in memo No. 689 passed by the Licensing Authority cum Sub Divisional Officer, Sherghati, whereby the license No. 283/07 of the petitioner granted under Public Distribution System Control Order, 2001 and now under the Bihar Targeted P.D.S (Control) Order 2016 has been cancelled in very capricious manner and quash the consequential orders dated 31.01.2015 passed by the District Magistrate, Gaya in supply appeal No. 49/13 as well as order dated 02.01.2021 passed by the Patna High Court CWJC No.9826 of 2021 dt.29-11-2021

Divisional Commissioner, Magadh Division, Gaya in Supply Revision Case No. 112/2017 whereby while dismissing the appeal as well as Revision respectively both are suo moto affirmed the cryptic and mechanical order of cancellation passed by the S.D.O. and/or pass any other writ/order/direction which your Lordships may deem fit and proper."

Learned counsel for the State fairly states that the

order passed by the authorities concerned falls foul of the

instructions recently issued by the Principal Secretary,

Department of Food & Consumer Protection, Government of

Bihar.

We notice that the impugned order is cryptic, does

not assign any reasons.

As such, on these short grounds alone, we quash

the impugned order dated 29.08.2013, passed by Respondent

No. 4, namely Sub Divisional Officer in Licence No. 283 of

2007 and the appellate order dated 30.01.2015, passed by

Respondent No. 3, namely District Magistrate Gaya, in Supply