Md. Badrudoza Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2920 of 2017 =========================================================== Md. Badrudoza Ansari, S/o Late Muzaffar Hussain, resident of village - Kamalchak Mustafapur, Panchayat - Purainitola, Sonuchak, Block - Jagdishpur, District - Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary - Cum - Commissioner, Department of Food and Consumer Protection, Government of Bihar, Patna

2. The District Magistrate - Cum - Collector, Bhagalpur

3. The Sub Divisional officer, Bhagalpur

4. The In charge Assistant District Supply Officer, Bhagalpur

5. The Block Supply officer, Jagdishpur, Distt. - Bhagalpur

6. The Block Development officer, Jagdishpur, Distt. - Bhagalpur .... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Adv. Mr. Mohit Agarwal, Adv.

Ms. Aishwariya Riti, Adv.

Mr. Atal Bihari Pandey, Adv.

For the Respondent/s : Mr. Upendra Pratap Singh, A.C. to S.C.-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 21-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order dated 30.01.2017 issued vide Memo No.52 dated 06.02.2017 by the Sub Divisional Officer, Bhagalpur, whereby and whereunder he has cancelled the P.D.S. licence of the petitioner without considering the objection of the petitioner.

Patna High Court CWJC No.2920 of 2017 dt.21-04-2017 2/2 Learned counsel for the State has tried his best to justify the order of the Sub-Divisional Officer, but on perusal of the same it appears that the Sub-Divisional Officer has not applied his judicial mind as he has not dealt with the objection raised by the petitioner. The Sub Divisional Officer is discharging the quasi judicial function, so his order must be supported by reasons. In such view of the matter, the order dated 30.01.2017 issued vide Memo No.52 dated 06.02.2017 by the Sub Divisional Officer, Bhagalpur is hereby quashed. The matter is remanded back to the Sub Divisional Officer, Bhagalpur to pass a reasoned order after hearing the petitioner and considering the objection raised by the petitioner. The petitioner, if so like, may file additional objection.

With the aforesaid observations and directions, this writ application is allowed.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 27.04.2017 Transmission Date N/A.