Arjun Saw vs The State Of Bihar
2023 Latest Caselaw 356 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10495 of 2022
     ======================================================

Arjun Saw S/o Moti Saw, R/o Mohalla- Chand Chaura, P.S.- Gaya, District- Gaya.

... ... Petitioner/s Versus

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

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

3. The District Magistrate, Gaya.

4. The District Supply Officer, Gaya.

5. The Sub- Divisional Officer, Sadar Gaya.

6. The Marketing Officer, Gaya City, Gaya.

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

For the Petitioner/s : Mr. Alok Ranjan, Adv. For the Respondent/s : Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 24-01-2023

Heard the learned counsel for the parties.

Mr. Alok Ranjan, learned Advocate for the petitioner

draws our attention to the order of the Licensing Authority

whereby his license has been cancelled and has tried to

demonstrate that no reason has been assigned for rejecting the

grounds raised by the petitioner in defence of the charge laid

against him.

Though, in the appellate order, some reasons have

been assigned but, as it has been held in several cases, an Patna High Court CWJC No.10495 of 2022 dt.24-01-2023

order passed in appeal will not restitute or correct the original

order.

We are not inclined to sustain either the order

cancelling the license of the petitioner or the appellate order

affirming the same.

Both the orders are therefore set aside for the reason

noted above.

The matter is referred to the Licensing Authority to

pass a fresh order in accordance with law within a period of

sixty days to be counted from the date of receipt/production of

a copy of this order.

Needless to state that the Licensing Authority shall

record reasons for his conclusions.

Petition stands allowed accordingly.

(Ashutosh Kumar, J)

(Satyavrat Verma, J) Rishi2/rishi-

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Uploading Date          31.01.2023
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