Shasi Kant Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.482 of 2019 ====================================================== Shasi Kant Tiwari, S/o Deo Muni Tiwari, Resident of Village-Machhiyan, P.s.-Charpokhari, District-Bhojpur ... ... Petitioner/s

Versus

1.

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

The Collector, Bhojpur at Ara.

3.

The Sub Divisional Officer Piro, Bhojpur.

4.

The Block Supply Officer, Ara.

5.

Shailendra Manjhi Son of Dwrika Manjhi Resident of Village-Khaira, P.S. Gaurichak, District Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar, Advocate Mr. Anil Kumar Roy, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 Mr. Md. Anisul Haque, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2019 Show cause notice does not contain proposal of cancellation in terms of Section 27(ii) of the Bihar Targeted P.D.S. (Control) Order, 2016.

Learned counsel for the State submits that in the given facts and circumstances of the case, the matter may be remitted to the Sub Divisional Officer, Piro, Bhojpur (Respondent no.3) for a fresh consideration and passing of the reasoned order. Having heard learned counsel for the petitioner and learned counsel for the State, in view of the judgment of Hon'ble Division Bench of this Court in the case of Ram Bachan Ram Vs. State of Bihar and others reported in 2018

Patna High Court CWJC No.482 of 2019(2) dt.27-07-2019 2/2

(4) PLJR 516, the impugned order of cancellation of licence is hereby set aside.

The matter is remitted to the Sub Divisional Officer, Piro, Bhojpur (Respondent no.3) for a fresh consideration of the case and passing of the reasoned order after giving an appropriate opportunity of hearing to the petitioner. Let the whole exercise be completed within a period of 90 days from the date of receipt/production of certified copy of this order.

This Writ Application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/-sunil U