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Patna High CourtCWJC/1140/2022disposed

Raju Paswan v. The State Of Bihar

2022-08-04Mr. Justice Ashutosh Kumar,Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1140 of 2022 ====================================================== Raju Paswan son of Late Kapil Paswan, resident of Village-Pali, Village Panchayat-Utarain, Police Station-Konch, District-Gaya. ... ... Petitioner/s

Versus

1.

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

The Divisional Commissioner, Gaya.

3.

The District Magistrate, Gaya.

4.

The Sub Divisional Officer, Tikari, Dist.-Gaya. 5.

The Block Supply Officer, Konch, Dist.-Gaya.

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

For the Petitioner/s :

Mr.Binay Kumar For the Respondent/s :

Mr.S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 04-08-2022 Heard Mr. Binay Kumar, the learned Advocate for the petitioner and the learned counsel for the State. The license of the petitioner was cancelled, which order was sustained by the Appellate as well as Revisional Authorities.

Patna High Court CWJC No.1140 of 2022(8) dt.04-08-2022 2/3 The petitioner has primarily raised two contentions in order to assail all the orders, namely, that he was given only 24 hours to explain and that despite such short time being given to him, the explanation which was offered to him was never properly appreciated by the authorities. The learned counsel for the petitioner has also shown from the memo of appeal and the revision that the aforesaid issue was raised by him at all stages. However, from the records, it appears that the petitioner has not taken the plea that he could not, because of the short time made available to him, collect necessary documents in support of his cause.

This Court further finds that all the charges were responded to by the petitioner but not found to be satisfactory for which reasons have been given by the Licensing Authority. Though no specific reason has been assigned by the Appellate as well as Revisional Authority for affirming the order passed by the Licensing Authority but we are not inclined to interfere with the order so passed by the authorities, cancelling the license of the petitioner, as the original order is a speaking order.

After some arguments, Mr. Binay Kumar, the

Patna High Court CWJC No.1140 of 2022(8) dt.04-08-2022 3/3 learned Advocate elects to withdraw this petition. This petition is dismissed as withdrawn.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) sunilkumar/- U