Vijay Kumar Yadav vs The State Of Bihar
2022 Latest Caselaw 4252 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7945 of 2022
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Vijay Kumar Yadav, S/o Late Jagdish Prasad Yadav, Resident of Village- Banthi, P.S.-Dhoraiya, District-Banka.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Bihar.

3. The District Magistrate, Banka.

4. The District Supply Officer, Banka.

5. The Sub Divisional Officer, Banka, District-Banka.

6. The Block Supply Officer, Dhoraiya, District-Banka.

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

For the Petitioner/s : Mr. Chandrasekhar Sharma, 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 : 04-08-2022 Heard Mr. Chandrasekhar Sharma, learned Advocate

for the petitioner and Mr. Upendra Pratap Singh for the State.

The license of the petitioner has been cancelled which

order has been sustained in appeal.

Learned counsel for the petitioner has made a

categorical statement in the writ petition that pursuant to the

show-cause notice received by him, notwithstanding the fact that

he was given a very short time to reply, he replied to the same Patna High Court CWJC No.7945 of 2022 dt.04-08-2022

but the order passed by the licensing authority indicates that no

such reply was filed.

We have also perused the reply to the show-cause filed

by the petitioner which does not contain detailed reasons but

finding that the order of cancellation was passed in the absence

of any consideration of the defence of the petitioner, we are not

inclined to sustain the order passed by the licensing authority as

also of the appellate authority affirming such order.

Both the orders are thus set aside.

The matter is remitted to the licensing authority to

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

from the date of receipt/production of a copy of this order. On

eliciting the reply of the petitioner by giving him sufficient time,

a final order shall be passed 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          10.08.2022
Transmission Date