Patna High Court
Dinesh Kumar Yadav @ Dinesh Yadav vs The State Of Bihar on 28 July, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6144 of 2022
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Dinesh Kumar Yadav @ Dinesh Yadav, aged about 45 years, male, Son of
Nandlal Yadav, resident of Village-Khutauna, Ward No. 8, Balardiha, Police
Station-Bithan, District-Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Civil Supplies
Department, Bihar, Patna.
2. The Divisional Commissioner, Darbhanga.
3. The District Magistrate, Samastipur.
4. The District Supply Officer, Samastipur.
5. The Sub-Divisional Magistrate, Rosera, Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Jha, Adv.
For the State : Mr. Upendra Pratap Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 28-07-2022
Heard Mr. Pankaj Kumar Jha, the learned
Advocate for the petitioner and Mr. Upendra Pratap
Singh, the learned counsel for the State.
2. The license of the petitioner was
cancelled, against which order he preferred an appeal
before the appellate authority.
3. The order of cancellation of license was
Patna High Court CWJC No.6144 of 2022 dt.28-07-2022
not sustained by the appellate authority and the matter
was remitted to the licensing authority to write out a
fresh order in accordance with law.
4. The licensing authority reiterated its
earlier stand and cancelled the license of the petitioner,
against which an appeal was filed in which the order of
cancellation of license was sustained.
5. Thereafter, the petitioner approached this
Court vide C.W.J.C. No. 11732 of 2019.
6. In the aforesaid writ petition, a Bench of
this Court remanded the matter to the appellate authority
again to write out a fresh order within the time limit so
fixed by this Court.
7. Pursuant to the order referred to above,
the appellate authority has passed a fresh order, which is
under challenge.
8. It is regretted that even this time, the
appellate authority has not taken care to give reasons for
sustaining the order of cancellation of license.
9. Be that as it may, considering the fact
Patna High Court CWJC No.6144 of 2022 dt.28-07-2022
that it has taken too long time all this while, this Court
deems it appropriate to direct the petitioner to prefer a
revision petition against the aforesaid order within a
period of thirty (30) days.
10. Should that be done, the revisional
authority shall look into the entire gamut of facts and
shall pass a reasoned order within a period of sixty (60)
days of the filing of the revision petition by the petitioner.
11. Needless to state that all the grounds
urged by the petitioner shall be adverted to and reasons
shall be given in support of the decision thereupon.
12. The writ petition stands disposed of
accordingly.
(Ashutosh Kumar, J)
(Jitendra Kumar, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 02/08/2022
Transmission Date N/A
