Kashi Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1445 of 2022 ====================================================== Kashi Kumar Chaudhary S/o Hirdaya Narayan Chaudhary, R/o Ward No. 1, Village-Dason, Block-Lakhnaur, P.S.-Bheja, District-Madhubani. ... ... Petitioner.

Versus

1.

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

2.

The District Magistrate-cum-Collector, Madhubani. 3.

The Sub-Divisional Officer, Jhangharpur, Madhubani. 4.

The Block Supply Officer, Lakhnaur, Madhubani. ... ... Respondents.

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

For the Petitioner/s :

Mr. Akash Chaturvedi, Advocate For the Respondent/s :

Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 24-02-2022 Heard Mr. Akash Chaturvedi, learned Advocate for the petitioner and Mr. Upendra Pratap Singh for the State.

The licence of the petitioner has been cancelled by order dated 01.12.2021, which is under challenge in the present writ petition.

Except for collating the charges against the petitioner, no discussion has been made in the order

Patna High Court CWJC No.1445 of 2022(2) dt.24-02-2022 2/3 with respect to the reply given by the petitioner against such charges. The order is absolutely cryptic and does not advert to any reason for denying the explanation of the petitioner.

The order, therefore, cannot be sustained in the eyes of law.

We are constrained and left with no option but to set it aside and send the matter to the Licensing Authority for writing out a fresh order in accordance with law. The process shall begin on the petitioner furnishing the copy of this order before the Licensing Authority, who shall start the proceeding forthwith.

The petitioner shall be given ample opportunity of representing his cause. A final decision shall be taken within a period of sixty days of the presentation of a copy of this order before the Licensing Authority. Needless to state that the Licensing Authority shall pass a reasoned order and communicate it to the petitioner.

Patna High Court CWJC No.1445 of 2022(2) dt.24-02-2022 3/3 With the aforesaid observation and direction, the writ petition stands disposed of.

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