Md. Sahid Anjar vs The State Of Bihar And Ors
2023 Latest Caselaw 1060 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.7280 of 2017
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Md. Sahid Anjar S/o late Azimuddin, R/o Village-Handibhisha, Panchayat- Modho, P.S.-Kochadhaman, District-Kishanganj.

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The District Magistrate, Distt-Kishanganj.

3. The District Supply Officer, Distt-Kishanganj.

4. The Sub-Divisional Officer, Distt-Kishanganj

5. The Sub-Divisional Officer, Distt-Kishanganj

6. . null null

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

For the Petitioner/s : Mr. Jitendra Kumar Giri, Adv. For the State : Mr. Ajay Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

ORAL JUDGMENT

Date : 18-03-2023

1. The petitioner by way of this writ petition

assails the order of cancellation of license and the order passed

in appeal by the District Collector, whereby his appeal against

the cancellation of license has been rejected. The orders were

passed on 08.12.2014 and 14.02.2017 respectively.

2. Learned counsel for the petitioner submits that

there has been a complete non-application of mind by the

appellate authority and in a mechanical fashion, he has passed

an order. Learned counsel submits that the petitioner has not Patna High Court CWJC No.7280 of 2017 dt.18-03-2023

committed any delinquency or violation of the rules governing

the license and the license, therefore, could not have been

withdrawn. Learned counsel appearing for the respondent

supports the order and submits that there has been a due

application of mind and each and every aspect has been duly

considered both by the licensing authority as well as by the

appellate authority.

3. I have considered the submissions. Perused the

order passed in appeal dated 14.02.2017, this Court finds that

the appellate authority has not only noticed the allegations

against the petitioner but also his defence and after having

considered all the pros and cons, reached to the conclusion that

the order of withdrawal of license was in accordance with law

and on the basis of factual aspects of the petitioner had violated

conditions of license. There are allegations which have been

found to be proved of the petitioner releasing relief amount on

one card more than two to three times and there are as many as

eighteen such instances. It is also noticed that there has been

forgery committed while making entries in the register and cash

memos were also not signed and given to the consumers. An

amount of Rs. 1 per kg. was taken extra from the consumers

over and above the fixed price and 1 kg. of food articles was Patna High Court CWJC No.7280 of 2017 dt.18-03-2023

less than the required for each unit. The allegations are of a very

serious nature and have been found to be proved both at the

initial stage as well as the appellate stage.

4. No interference is warranted on factual aspects.

The writ petition is devoid of merits and is accordingly

dismissed.

(Sanjeev Prakash Sharma, J) Sachin/-

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