Govind Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.863 of 2022 ====================================================== Govind Paswan S/o Late Panwar Paswan, R/o Vill-Pauni, Panchayat-Jalley Purvi, P.S.-Jalley, Block-Jalley, Distt-Darbhanga, State-Bihar. ... ... Petitioner.

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Food and Supply Department, Govt. of Bihar, Patna.

3.

The Director, Food and Supply Department, Govt. of Bihar, Patna. 4.

The District Collector, Darbhanga.

5.

The Sub Divisional Officer, Sadar, Darbhanga. 6.

The District Supply Officer, Darbhanga.

7.

The Block Supply Officer, Block Jalley, Darbhanga. ... ... Respondents.

====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 23-02-2022 Heard Mr. Kedar Jha, learned Advocate for the petitioner and Mr. Upendra Pratap Singh for the State. The licence of the petitioner has been suspended, pursuant to his having been made accused in a case for the offences punishable under the Indian

Patna High Court CWJC No.863 of 2022(2) dt.23-02-2022 2/3 Penal Code as also under the E.C. Act.

A show cause notice was issued to him to explain his cause which he has responded. But, till date no final decision has been taken and the licence of the petitioner remains under animated suspension. Section 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 specifically enjoins the concerned authority to take a final decision in the matter, preferably within a period of 180 days, as far as possible.

There does not appear to be any apparent good reason for any delay for taking a final decision in the matter, especially when the show notice has been timely responded by the petitioner.

In such view of the matter, we direct the concerned Licensing Authority to advert to the show cause reply of the petitioner, provide reasonable opportunity of hearing to him and take a final decision in the matter, preferably within a period of 60 days from the date of receipt/production of a copy of this order

Patna High Court CWJC No.863 of 2022(2) dt.23-02-2022 3/3 before him.

With the aforesaid observation and direction, this writ petition stands disposed of.

(Ashutosh Kumar, J.) (Anjani Kumar Sharan, J.) Trivedi/- U