Raj Kumar Paswan vs The State Of Bihar
2023 Latest Caselaw 25 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8516 of 2019
     ======================================================

Raj Kumar Paswan Son of Late Ram Deo Paswan R/o Village-Khagaur, P.S. Lakhisarai, District-Lakhisarai

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

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

3. The Divisional Commissioner Munger Division, Munger

4. The District Magistrate Lakhisarai

5. The Sub Divisional Officer Lakhisarai

6. The Block Supply Officer Lakhisarai

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

For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== 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. Jyoti Ranjan Jha, learned Advocate for the

petitioner and Mr. Upendra Pratap Singh for the State.

The license of the petitioner was cancelled, which

order was affirmed by the appellate authority. However, the

order by the revisional authority did not find favour with the

Bench hearing the matter in CWJC No. 4098 of 2015. By order

dated 25.04.2017, the matter was remitted to the revisional

authority for writing out a fresh order in accordance with law

after giving reasons.

Patna High Court CWJC No.8516 of 2019 dt.02-01-2023

We find that after the aforesaid order of the High

Court, the revisional authority again decided the issue but

without recording any reason whatsoever, affirmed the order of

cancellation of license by the licensing authority as also the

appellate authority.

We also find from the order impugned that for some

reason or the other, the petitioner did not respond to the show-

cause notice and thus the charges against him remained un-

rebutted.

Considering that the petitioner ought to get a chance

to explain his cause, we set aside the order passed in revision

dated 30.11.2018 and remit the matter now to the licensing

authority to afford to the petitioner an opportunity of explaining

his cause against the same notice which was served upon him

in the first instance for which he would be given reasonable

time of thirty days, to be counted from the date of

receipt/production of a copy of this order. After receiving the

reply of the petitioner against the show-cause notice issued to

him earlier, a final order shall be passed by the licensing

authority giving reasons in support of his decision.

Patna High Court CWJC No.8516 of 2019 dt.02-01-2023

With the aforenoted directions/observations, the writ

petition stands disposed of.

                                                                   (Ashutosh Kumar, J)


                                                                   (Satyavrat Verma, J)

krishna/kundan
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date
Transmission Date