Soni Kumari vs The State Of Bihar
2022 Latest Caselaw 1859 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.2227 of 2022
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Soni Kumari (female), aged about 34 years, wife of Sanjeev Kumar Resident of Village- Pakri, Village Panchayat- Morhe, Police Station- Fatehpur, 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, Gaya.

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

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

For the Petitioner/s : Mr.Binay Kumar, Adv. For the Respondent/s : Mr. Upendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 23-03-2022 Heard Mr. Binay Kumar learned advocate for the

petitioner and Mr. Upendra Pratap Singh for the State.

The license of the petitioner was suspended after he was

made an accused in a criminal case involving the breach of E.C. Act and

a notice was served upon him to explain as to why his license be not

cancelled. The petitioner in the meantime was granted bail in the

criminal case. Along with the order granting bail to him, the petitioner

furnished his show-cause reply but the same has not been found to be

satisfactory.

The Licensing Officer does not explain the reasons for

holding such explanation to be unsatisfactory.

Patna High Court CWJC No.2227 of 2022 dt.23-03-2022

The order impugned is absolutely non-speaking and does not

give us any idea as to why the explanation offered by the petitioner has

been rejected summarily.

We cannot sustain such non-speaking order.

The order impugned therefore is set aside.

The matter is remitted to the Licensing Authority to pass a

fresh order in accordance with law after giving reasons for rejecting the

explanation of the petitioner. Needless to state that the petitioner shall

be afforded fresh opportunity of explaining his cause and the order so

passed by the authority shall be reasoned one.

The petitioner shall bring to the notice of the Licensing

Authority a copy of this order within a period of thirty days. The entire

exercise ought to be completed by the Licensing Authority within a

further period of next sixty days thereafter.

With the aforesaid observation and direction, this petition

stands disposed of.

(Ashutosh Kumar, J)

( Anjani Kumar Sharan, J) rishi/-

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Uploading Date          28.03.2022
Transmission Date