Jitendra Kumar Paswan vs The State Of Bihar
2023 Latest Caselaw 18 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.16064 of 2019
     ======================================================

Jitendra Kumar Paswan Son of Ram Pukar Paswan Resident of Village- Bagha, P.S.-Lohiya Nagar (O.P.), District-Begusarai

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna

2. The Collector Begusarai, District-Begusarai

3. The Licensing Authority-cum-Sub-Divisional Officer Begusarai, District-

Begusarai

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

For the Petitioner/s : Mr. Rajeev Kumar Labh, Advocate For the Respondent/s : Mr. Alok Ranja, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 02-01-2023 Heard Mr. Rajeev Kumar Labh, learned Advocate for

the petitioner and Mr. Alok Ranjan for the State.

The grievance of the petitioner that his license has

finally been cancelled without adverting to his reply does not

appear to be correct. The petitioner was made accused in a

criminal case with the accusation of selling kerosene oil in black

market. The explanation offered by the petitioner is that one of

the containers of the kerosene oil was leaking and therefore

the contents of such container were kept in smaller containers.

Patna High Court CWJC No.16064 of 2019 dt.02-01-2023

This explanation of the petitioner was not found to be

satisfactory by the licensing authority resulting in cancellation

of his license.

The petitioner has a remedy of appeal.

Since no appeal has been preferred by the petitioner

against the aforesaid order of cancellation, we are not inclined

to entertain this petition.

The petition stands dismissed but with an observation

that in case an appeal is filed within a period of thirty days, the

appellate authority shall take up the matter and after giving

reasonably sufficient time to the petitioner to represent his

cause, shall pass a final order within the next sixty days with

reasons in support of such order. The order so passed shall be

made available to the petitioner forthwith.

(Ashutosh Kumar, J)

(Satyavrat Verma, J)

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