Bhuplal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3778 of 2020 ====================================================== Bhuplal Mandal S/o Viro Mandal, Resident of Mohalla- 138A, Jamtikari Road, P.s.- Parbatti Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, Patna 2.

The Collector cum District Magistrate, Bhagalpur, 3.

The District Supply Officer, Bhagalpur 4.

The Sub-Divisional Officer, Sadar Bhagalpur, District- Bhagalpur 5.

The Marketing Officer, Urban Area, Ward No. (1 to 25), Municipal Corporation, Bhagalpur, District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 04-07-2022 Heard Mr. Bhola Prasad, learned Advocate for the petitioner and Mr. Upendra Pratap Singh, learned AC to SC 4 for the State.

The license of the petitioner was suspended under Clause 28 of the Bihar Targeted P.D.S. (Control) Order, 2016 for his having become an accused in a criminal case. The petitioner appears to have explained his cause but prior to any notice having been issued to him under Clause 28 of the Bihar Targeted P.D.S. (Control) Order, 2016.

Patna High Court CWJC No.3778 of 2020 dt.04-07-2022 2/2 However, as on date, no final order has been passed after the suspension of the license of the petitioner.

Under the aforesaid circumstances, in the absence of any statement on record that the notice issued to the petitioner was replied, we direct the licensing authority to give a fresh notice to the petitioner within a period of thirty days and elicit his response, which shall be promptly filed by the petitioner within a further period of thirty days and thereafter a final decision shall be taken by the concerned authority within a further period of 180 days.

The decision passed by the authority shall be backed by the reasons in support of the same.

With the aforesaid direction/observation, this writ petition stands disposed off.

(Ashutosh Kumar, J) (Jitendra Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.07.2022 Transmission Date