Md. Masroor Alam vs The State Of Bihar
2023 Latest Caselaw 363 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13072 of 2022
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Md. Masroor Alam Son of Md. Manzoor Alam, Resident of Village- Sukhara Dehri, P.O.- Thakurai, Parsia, P.S.- Nasriganj, District- Rohtas at Sasaram.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Food and Consumer Affairs, Govt. of Bihar, Patna.

2. The District Magistrate, Rohtas at Sasaram, District- Rohtas.

3. The Sub Divisional Officer, Bikramganj, District- Rohtas at Sasaram.

4. The District Supply Officer, Rohtas at Sasaram,

5. The Assistant District Supply Officer, Vikramganj, District- Rohtas at Sasaram

6. The Supply Inspector, Nasriganj, District- Rohtas at Sasaram,

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

For the Petitioner/s : Mr.Zeyaul Hoda, Adv. For the Respondent/s : Mr. Vijay Kumar Sinha, Adv. ====================================================== 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 Mr. Zeyaul Hoda, learned advocate for the

petitioner and Mr. Vijay Kumar Sinha for the State.

The license of the petitioner has been cancelled

by the Licensing Authority on the ground that it was

wrongly granted to him in the first instance and that all the

necessary facts were not taken into consideration while Patna High Court CWJC No.13072 of 2022 dt.24-01-2023

granting licence. However, such an order was passed

without giving any notice to the petitioner.

The petitioner had been discharging his duties as

a PDS dealer, to the satisfaction of all.

For the reason that no notice was served upon the

petitioner before any decision was taken, we are of the

view that he ought to be given one opportunity to explain

his cause as to why his license is not required to be

terminated.

For the aforenoted reason, we set aside the order

contained in Memo No. 262 dated 27.05.2022 and remit

the matter to the Licensing Authority who shall issue a

fresh notice to the petitioner within a period of fifteen days

from the date of receipt/production of a copy of this order,

giving reasonable time to him to respond to such notice.

The petitioner shall respond to such notice within

30 days of his receipt of the same and only after adverting

to the reply and all other necessary facts, the Licensing Patna High Court CWJC No.13072 of 2022 dt.24-01-2023

Authority shall pass a final order within a further period of

60 days thereafter.

We need not remind the Licensing Authority that

he is required to pass a reasoned order and the order so

passed shall be made available to the petitioner forthwith.

With the aforementioned observation/direction,

the writ petition stands allowed and disposed of

accordingly.

(Ashutosh Kumar, J)

( Satyavrat Verma, J) rishi/-

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Uploading Date          30.01.2023
Transmission Date