Patna High Court
Bal Krishna Jha vs The State Of Bihar on 9 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2794 of 2022
======================================================
Bal Krishna Jha, aged about 56 years, male, Son of Late Natho Jha, Resident
of village- Losghani, P.S.- Piri Bazar, District- Lakhisarai, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The Divisional Commissioner, Munger.
3. The Collector cum District Magistrate, Lakhisarai.
4. The Sub Divisional Officer, Lakhisarai.
5. The District Supply Officer, Suryagarha.
6. The Block Supply Officer, Suryagarha.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Ms. Preety Kunwar, Advocate
For the State : Mr. Bijay Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 09-03-2022
Heard Mr. N.K. Agrawal, the learned senior
Advocate for the petitioner and Mr. Bijay Kumar Sinha,
the learned counsel for the State.
Patna High Court CWJC No.2794 of 2022 dt.09-03-2022
2. The licence of the petitioner was cancelled
by the licensing authority, which order was sustained by
the appellate authority. However, the Revisional Court,
finding both the orders to be non-speaking, remanded the
matter to the appellate authority for passing a fresh order
in accordance with the law.
3. Mr. N.K. Agrawal, the learned senior
Advocate has submitted that if the order of the licensing
authority itself was found to be non-speaking, the matter
ought to have been remanded to the licensing authority as
an appellate authority cannot restitute the original
proceeding before the licensing authority.
4. On that ground alone, we set-aside the
order passed by the Revisional Court dated 05.01.2022 by
which the matter has been remanded to the appellate
authority.
5. We direct that the matter be remanded to
the licensing authority for passing a final order with
respect to the licence of the petitioner.
6. Needless to state that the petitioner shall
Patna High Court CWJC No.2794 of 2022 dt.09-03-2022
be given a fresh notice and shall be afforded an
opportunity of responding to such notice.
7. The order by the licensing authority shall be
passed after taking into account all facts necessary for
concluding the proceeding, within a period of 60 days from
the date of receipt/production of a copy of this order,
providing reasons for the conclusion succinctly.
8. With the aforesaid observation/direction,
the writ petition stands allowed.
(Ashutosh Kumar, J)
(Anjani Kumar Sharan, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 11/03/2022
Transmission Date N/A
