Ajay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14535 of 2017 ====================================================== Ajay Kumar Singh S/o Rajendra Singh, Resident of Village- Balipur, P.S.- Pipariya, District- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Divisional Commission, Munger.

3.

The District Magistrate-cum- Collector, Lakhisarai. 4.

The Sub- Divisional Officer, Lakhisarai.

5.

The Block Supply Officer, Lakhisarai.

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate Mr. Kumar Rajdeep, Advocate For the Respondent/s :

Mr. Sanjay Kumar Giri - GP9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 02-01-2023 Heard the learned counsel for the petitioner and the State.

The license of the petitioner was cancelled on various charges for which show-cause notice was issued to him but he did not respond. The order passed by the licensing authority has been upheld in appeal as well as in the revision.

The only contention of the petitioner is that the first order was passed without any show-cause reply.

Patna High Court CWJC No.14535 of 2017(2) dt.02-01-2023 2/2 There is no averment in the writ petition that notice was not issued to the petitioner.

That the petitioner was not served notice could be a ground but not in the present set of circumstances where there is an allegation that the petitioner does not even reside at the place where the shop is situated and the explanation offered by the petitioner that at the relevant time he was facing criminal prosecution and therefore had gone fugitive is not acceptable.

However, on hearing the observations of the Bench, learned Advocate for the petitioner seeks permission to withdraw this application in order to agitate his claim before the Secretary, Food & Consumer Protection Department, Bihar, Patna, if so desired.

The application stands dismissed as withdrawn with the aforesaid liberty.

(Ashutosh Kumar, J) (Satyavrat Verma, J) Krishna/Kundan U