Sarswati Devi vs The State Of Bihar
2022 Latest Caselaw 920 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19896 of 2021
     ======================================================

Sarswati Devi, Wife of Mohan Das, Resident of Village/Moh.-New Godown, Lal Babu Road Pahshi, Ward No. -8, Gaya Town, Police Station-Kotwali, District-Gaya.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Gaya.

3. The Sub-Divisional Officer, Sadar Gaya.

4. The Block Supply Officer, Town Block, Dist.-Gaya.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Binay Kumar, Advocate For the Respondent/s : Mr.S. Raza Ahmad (AAG5)

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

(The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 03-02-2022 Patna High Court CWJC No.19896 of 2021 dt.03-02-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

The impugned order dated 14.08.21 passed by

Respondent No. 3, namely, the Sub-Divisional Officer, Sadar

Gaya is a cryptic and non-speaking order and entails civil

consequences as it affects the petitioner's rights.

In view of the submissions made and the grounds Patna High Court CWJC No.19896 of 2021 dt.03-02-2022

mentioned in the petition, the impugned order dated 14.08.21

passed by Respondent No. 3, namely, the Sub-Divisional

Officer, Sadar Gaya cancelling P.D.S. Licence No. 15/16 of the

petitioner, is quashed and set aside, with liberty to the petitioner

to approach Respondent No. 3 afresh.

Petition is disposed of in the following terms:

(a) The petitioner shall make himself available before

the The Sub-divisional Officer, Sadar, Gaya on 24.02.2022;

(b) On the said date, the entire material shall be

supplied to the petitioner;

(c) Within two weeks thereafter, petitioner shall file

response, complete in all respects;

(d) Petitioner shall fully cooperate and not take any

unnecessary adjournment;

(e) The officer shall pass an order assigning reasons

within a period of three months thereafter;

(f) While considering such request, principles of

natural justice shall be followed and due opportunity of hearing

afforded to the parties.

(g) Liberty reserved to the petitioner to challenge the

order, should the need so arise subsequently.

The petition is disposed of in the aforesaid terms. Patna High Court CWJC No.19896 of 2021 dt.03-02-2022

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

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