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Patna High CourtCWJC/6824/2017allowed

Sita Ram v. The State Of Bihar And ORS

2017-07-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6824 of 2017 =========================================================== Sita Ram Son of Sri Shyam Bihari Ram, Resident of Village- Bakaharapur, P.S.- Barhara, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Divisional Commissioner, Bhojpur Ara.

2. The Divisional Commissioner, Bhojpur, Ara.

3. The District Magistrate, Bhojpur, Ara.

4. The Sub Divisional Officer, Bhojpur, Ara.

5. The District Supply Officer, Bhojpur, Ara.

6. The Assistant District Supply Officer, Bhojpur.

7. The Block Development Officer, Bhojpur.

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

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Adv. Ms. Priya, Adv.

For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 04-07-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is challenging the order passed by the S.D.O., Sadar, Ara contained in Memo No. 3304 dated 26.12.2016, whereby and whereunder, the licence of the petitioner, bearing License No. 71 of 2007, has been cancelled. A proceeding was initiated against the petitioner for commission of certain irregularities in running the P.D.S. shop, sought an explanation wherein the allegation of imputation has been mentioned, the petitioner filed his show-cause and the S.D.O.,

Patna High Court CWJC No.6824 of 2017 dt.04-07-2017 Bhojpur, Ara passed the order against the petitioner. This Court is of the opinion that the order of the S.D.O. is very cryptic, not based on material. Accordingly, the order passed by the S.D.O., Sadar, Ara contained in Memo No. 3304 dated 26.12.2016 is set aside and the matter is remanded back to the S.D.O., Sadar, Ara to pass a fresh reasoned order in accordance with law. With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.07.2017 Transmission Date NA