Satish Chandra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2677 of 2022 ====================================================== Satish Chandra Prasad Singh son of Ram Chandra Singh Proprietor Jay Mahabir Dal Mill, resident of Village- Paruhar, P.O. Darihat, Police StationDehri, District- Rohtas. ... ... Petitioner.

Versus

1.

The State of Bihar.

2.

The Agriculture Director, Bihar, Patna.

3.

The District Magistrate, Rohtas, Sasaram.

4.

The Joint Director (Agronomy) Patna Division, Patna. 5.

The District Agriculture Officer, Rohtas.

6.

The Sub- Divisional Officer, Dehri, District- Rohtas. 7.

The Block Agriculture Officer, Dehri, District- Rohtas. ... ... Respondents.

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

For the Petitioner/s :

Mr. Rajendra Narain, Senior Advocate Dr. Manoj Kumar, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 02-03-2022 Heard Mr. Rajendra Narain, learned Senior Advocate for the petitioner and Mr. Dhurjati Kumar Prasad for the State.

The licence of the petitioner was cancelled under Section 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 and the appeal preferred by him has been dismissed on the

Patna High Court CWJC No.2677 of 2022(2) dt.02-03-2022 2/3 ground of limitation.

Mr. Narain, learned Senior Advocate has shown to us the order passed by the Licensing Authority, which is not only cryptic but absolutely unintelligible. No reason has been assigned for dismissing the grounds raised by the petitioner against the charges foisted on him. We cannot sustain such kind of orders.

For the aforesaid reason, the order passed by the Licensing Authority is set aside and since the appellate order has also been passed on the ground of limitation, we set aside that as well.

The matter is remitted to the Licensing Authority, namely, the District Agriculture Officer, Rohtas at Sasaram, who shall furnish fresh show cause notice to the petitioner and on receipt of the reply by the petitioner, shall take a final decision in the matter within a period of sixty days thereafter.

Every opportunity has to be provided to the petitioner for representing his cause which shall include

Patna High Court CWJC No.2677 of 2022(2) dt.02-03-2022 3/3 supply of relevant documents on the basis of which such charge against him is based and the petitioner shall be made known the decision immediately. The process shall begin on the presentation of a copy of this order before him, preferably within a period of 15 days.

With the aforesaid observation and direction, this writ petition stands disposed of.

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