Kamlesh Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1812 of 2022 ====================================================== Kamlesh Pathak Son of Late Gauri Shankar Pathak, R/o -vill- Nenua, P.S. - Dumraon, District -Buxar.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Patna Division, Patna. 3.

The District Magistrate, Buxar.

4.

The Sub-Divisional Office, Dumaroan, Buxar.

5.

The Additional District Supply Officer-cum-In charge, Block Supply Officer, Dumraon, Buxar.

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Respondent/s :

Mr. Upendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 18-08-2022 Heard Mr. Rajiv Ranjan Kumar Pandey, the learned Advocate for the petitioner and Mr. Upendra Pratap Singh, the learned counsel for the State.

The license of the petitioner has been cancelled, which order has been affirmed by the Appellate as well as the Revisional Authority.

Two of the contentions raised on behalf of the petitioner viz., that the orders have been passed beyond grounds or the charges served upon him and that on the same set of evidence, the petitioner was exonerated in the first instance but

Patna High Court CWJC No.1812 of 2022(9) dt.18-08-2022 2/2 later, without any rhyme or reason, the same complaints were used against him for cancelling his license, do not appear to be correct.

It appears from the records that on the complaint of the beneficiaries, a show-cause notice was issued to the petitioner and on finding that there was breach on the part of the petitioner with respect to the terms of the license, an advisory and a warning was given to him that such lapses should not be committed by him in future. Later again, a show-cause notice was issued to him with distinct charges of not affording foodgrains to the beneficiaries at appropriate time, to which the petitioner responded but his defence was not accepted to be satisfactory.

The license of the petitioner was thus cancelled, which order has been affirmed by the superior authorities. We find no reason to interfere with the orders passed by the authorities.

The petition stands dismissed.

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