Patna High Court
Arun Kumar vs The State Of Bihar on 31 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18592 of 2021
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Arun Kumar, Son of Upendra Mahto, resident of Ward No. - 8, Sarwarpur,
Panchayat - Kachour, Block - Sonbarsa, P.S.- Kanahuali, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Bihar, Patna.
2. The District Magistrate Sitamarhi, District - Sitamarhi.
3. The District Supply Officer, Sitamarhi, District - Sitamarhi.
4. The Sub Divisional Officer cum Licensing Authority, Sitamarhi Sadar,
District - Sitamarhi.
5. The Block Supply Officer, Block - Sonbarsa, District - Sitamarhi.
6. The Block Supply Officer, Block - Bathnaha, District - Sitamarhi.
7. The Block Supply Officer, Block - Suppi, District - Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anil Chandra, Advocate
For the Respondent/s : Mr.S. Raza Ahmad (AAG-5)
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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 : 31-01-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"(i) To quash the order dated 13.02.2021
issued through Memo No. 159/Aa, under
the signature of the Sub-Division Officer
Sitamarhi, Sadar (Respondent No. 4) by
which he has cancelled the P.D.S. shop
License No. 06/19 of the petitioner
(Annexure-5).
(ii) To restore the P.D.S. shop license of the
Patna High Court CWJC No.18592 of 2021 dt.31-01-2022
petitioner.
(iii) To pass any other appropriate
order/orders as your Lordship may deem fit
and proper for the end of justice."
The impugned order dated 13.02.2021 passed by
Respondent No. 4, namely, the Sub Divisional Officer cum
Licensing Authority, Sitamarhi Sadar, District - Sitamarhi 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
mentioned in the petition, the impugned order dated 13.02.2021
passed by Respondent No. 4, namely, the Sub Divisional Officer
cum Licensing Authority, Sitamarhi Sadar, District - Sitamarhi
cancelling P.D.S. Licence No. 06/19 of the petitioner, is quashed
and set aside, with liberty to the petitioner to approach
Respondent No. 4 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 18.02.2022;
(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
Patna High Court CWJC No.18592 of 2021 dt.31-01-2022
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.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
CAV DATE
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