Pappu Chaudhary vs The State Of Bihar
2022 Latest Caselaw 1382 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.878 of 2022
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Pappu Chaudhary S/o Vishwanath Chaudahry, R/o Village-Srisiya, P.O.- Srisiya Narotam, Srisiya Buzurg, P.S.-Kanti, District-Muzaffarpur, P.D.S. Dealer Panchayat Manikpur Narotam.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary Food and Civil Supply Department, Bihar, Patna.

2. District Magistrate, Muzaffarpur.

3. Sub-Divisional Magistrate, Muzaffarpur.

4. Block Development Officer-Cum-Block Supply Officer, Paroo.

5. Incharge Block Supply Officer, Kanti.

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

For the Petitioner/s : Mr. Shankar Kishore Shahi, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 24-02-2022 Heard Mr. Shankar Kishore Shahi, learned

Advocate for the petitioner and Mr. Upendra Pratap Singh,

AC to SC 4 for the State.

The petitioner is aggrieved by the order dated

17.06.2021 contained in Memo No. 614, whereby the

licence of the petitioner to run his PDS shop has been

cancelled.

Patna High Court CWJC No.878 of 2022 dt.24-02-2022

We have perused the order. It is absolutely

cryptic and does not advert to the reply furnished by the

petitioner pursuant to the show-cause notice issued to him.

The reasons for issuance of show-cause notice

has only been listed in the order and without any

discussion, the licencing authority has observed that the

petitioner has not been able to explain his cause

appropriately.

We do not approve of such an order which does

not depict anything.

The appeal preferred against the order has yet

not been taken up for hearing.

However, we find that the order passed by the

licencing authority cancelling the licence of the petitioner is

too cryptic for it to be properly adjudicated by the

appellate authority.

For the reasons of the vagueness of the order,

the same is set aside.

Patna High Court CWJC No.878 of 2022 dt.24-02-2022

We further direct the petitioner to withdraw his

appeal and appear before the licencing authority within a

period of 30 days when, after giving fresh opportunity to

him, the licencing authority shall advert to the reasons

furnished by the petitioner against the show-cause notice

and shall pass order in accordance with law within a

further period of 60 days thereafter as mandated under

the Bihar Targeted P.D.S. (Control) Order, 2016.

If the petitioner is aggrieved by that order, he

may take recourse to legal remedies available to him.

The writ petition stands disposed off accordingly.

(Ashutosh Kumar, J)

( Anjani Kumar Sharan, J)

krishna/-

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Uploading Date          02.03.2022
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