Absar Alam vs The State Of Bihar
2022 Latest Caselaw 4246 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.6113 of 2022
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Absar Alam, aged about 57 years, male, S/o Khalilur Rahman, Resident of Village- Sontha, Sunder Bari, P.S.- Kochadhaman, District- Kishanganj, Proprietor of M/s Golden Green Store, Sontha Hat, P.S.- Kochadhaman, District- Kishanganj.

... ... Petitioner/s Versus

1. The State of Bihar through Director, Agriculture, Bihar, Patna.

2. The Director, Agriculture, Bihar, Patna.

3. The District Agriculture Officer, Kishanganj.

4. The Block Agriculture Officer, Kochadhaman, Kishanganj.

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the State : Mr. Anisul Haq, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 04-08-2022

Heard Mr. Dhananjaya Nath Tiwari, the learned

Advocate for the petitioner and Mr. Anisul Haq, the learned

counsel for the State.

2. Accepting the statement of the learned Patna High Court CWJC No.6113 of 2022 dt.04-08-2022

counsel for the petitioner that the order passed by the

licensing authority is without notice, which fact has not

been controverted in the counter affidavit, we set-aside the

order of the licensing authority as also of the appellate

authority, which has assigned no reason for not giving

notice to the petitioner before cancelling his license or

affirming the order of cancellation of license respectively.

3. Both the orders are, therefore, set-aside.

4. The matter is remitted to the licensing

authority to give a fresh notice to the petitioner within a

period of thirty (30) days from the date of

receipt/production of a copy of this order and after eliciting

his response by giving him reasonably sufficient time, a

fresh order shall be passed giving reasons in support of the

same. This exercise shall be completed within a period of

sixty (60) days from the date of preferring reply to the

notice.

5. It is also made clear that the petitioner

shall, along with the notice, be afforded a copy of the

enquiry report as well.

Patna High Court CWJC No.6113 of 2022 dt.04-08-2022

6. With the aforesaid observation/direction, the

writ petition stands disposed off.

(Ashutosh Kumar, J)

(Jitendra Kumar, J) Praveen-II/-

AFR/NAFR                NAFR
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Uploading Date          11/08/2022
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