Jai Parkash Sah vs The State Of Bihar
2023 Latest Caselaw 22 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.14090 of 2019
     ======================================================

Jai Parkash Sah Son of Ramdin Sah Resident of Chetu Teli Lane Aliganj, Police Station- Babarganj, District- Bhagalpur.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

2. The Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

3. The District Magistrate, Bhagalpur.

4. The S.D.O. Sadar, Bhagalpur.

5. The District Supply Officer, Bhagalpur.

6. The Marketing Officer, Ward No.26 to 51, Bhagalpur Municipal Corporation, Bhagalpur.

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

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate Mr. Md. Najmul Hodda, Advocate For the Respondent/s : Mr. Alok Ranjan, 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. N.K. Agarwal, learned Senior Advocate

for the petitioner and Mr. Alok Ranjan for the State.

The license of the petitioner was suspended

pursuant to his having become an accused in a criminal

case involving breach of E.C. Act, 1955. The petitioner

claims that he has never been noticed and no final order

has been passed.

Patna High Court CWJC No.14090 of 2019 dt.02-01-2023

On the contrary, learned counsel for the State has

pointed out that show-cause notice was drawn up but could

not be served upon the petitioner for his having gone

fugitive as he had not been enlarged on bail.

The admitted position is that the petitioner has

not been served with a show-cause notice for a final order

to be passed by the licensing authority.

Let the petitioner be served with the aforesaid

notice within a period of fifteen days.

The petitioner shall not refuse to accept the notice

and should he do so, this order shall not be given effect to.

After the receipt of the show-cause notice by the

petitioner, he shall reply to the charges in the notice within

a period of thirty days, to be counted from the date of

receipt of such notice.

The licensing authority shall, after adverting to

the reply, pass a final order giving reasons in support of

the decision so arrived at within a period of sixty days.

Patna High Court CWJC No.14090 of 2019 dt.02-01-2023

With the aforenoted direction/observation, the

writ petition stands disposed of.

                                                                    (Ashutosh Kumar, J)


                                                                    (Satyavrat Verma, J)
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Uploading Date          05.01.2023
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