Mostt. Maha Devi vs The State Of Bihar
2022 Latest Caselaw 4220 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5506 of 2022
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Mostt. Maha Devi W/o Late Dhanik Lal Mandal, resident of Village- Araraha, P.O.- Kamaldaha, P.S.- Kishanpur, District- Supaul.

... ... Petitioner/s Versus

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

2. The Divisional Commissioner, Koshi Division, Saharsa.

3. The District Magistrate-cum- District Collector-cum- District Officer, Supaul.

4. The Sub- Divisional Officer, Supaul, District- Supaul.

5. The Block Supply Officer, Kishanpur, District- Supaul.

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

For the Petitioner/s : Mr. Amrit Abhijat, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC -4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 03-08-2022 Heard Mr. Amrit Abhijat, learned Advocate for the

petitioner and Mr. Upendra Pratap Singh for the State.

The license of the petitioner was cancelled vide order

dated 05.02.2021, which order has been sustained by the

appellate authority on 02.12.2021.

Both the orders are under challenge.

The learned counsel for the petitioner has drawn the

attention of this Court to the order of the licensing authority

which does not state any reason.

The license has been cancelled on the plea that the

explanation given by the petitioner was not satisfactory.

Patna High Court CWJC No.5506 of 2022 dt.03-08-2022

What reason weighed with the licensing authority for

not accepting the explanation of the petitioner cannot be inferred

from such laconic order.

Since the original order is defective, the same cannot

be restituted or cured by the order passed appellate authority.

For the reason of the original order of cancellation of

license being absolutely laconic and non-speaking, we set aside

both the orders viz. the order passed by the licensing authority as

also the appellate authority.

The matter is remitted to the licensing authority to give

a fresh notice to the petitioner within a period of thirty days from

the date of receipt/production of a copy of this order. After

eliciting the response of the petitioner, for which a reasonably

sufficient time shall be given to him, an order shall be passed by

the licensing authority within next sixty days giving reasons in

support of the same.

With the aforesaid direction/observation the writ

petition stands disposed of.

(Ashutosh Kumar, J)

(Jitendra Kumar, J) krishna/-

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Uploading Date          05.08.2022
Transmission Date