Bal Krishna Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2794 of 2022 ====================================================== Bal Krishna Jha, aged about 56 years, male, Son of Late Natho Jha, Resident of village- Losghani, P.S.- Piri Bazar, District- Lakhisarai, Bihar. ... ... Petitioner/s

Versus

1.

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

The Divisional Commissioner, Munger.

3.

The Collector cum District Magistrate, Lakhisarai. 4.

The Sub Divisional Officer, Lakhisarai.

5.

The District Supply Officer, Suryagarha.

6.

The Block Supply Officer, Suryagarha.

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Ms. Preety Kunwar, Advocate For the State :

Mr. Bijay Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 09-03-2022 Heard Mr. N.K. Agrawal, the learned senior Advocate for the petitioner and Mr. Bijay Kumar Sinha, the learned counsel for the State.

Patna High Court CWJC No.2794 of 2022 dt.09-03-2022 2/3

2. The licence of the petitioner was cancelled by the licensing authority, which order was sustained by the appellate authority. However, the Revisional Court, finding both the orders to be non-speaking, remanded the matter to the appellate authority for passing a fresh order in accordance with the law.

3. Mr. N.K. Agrawal, the learned senior Advocate has submitted that if the order of the licensing authority itself was found to be non-speaking, the matter ought to have been remanded to the licensing authority as an appellate authority cannot restitute the original proceeding before the licensing authority.

4. On that ground alone, we set-aside the order passed by the Revisional Court dated 05.01.2022 by which the matter has been remanded to the appellate authority.

5. We direct that the matter be remanded to the licensing authority for passing a final order with respect to the licence of the petitioner.

6. Needless to state that the petitioner shall

Patna High Court CWJC No.2794 of 2022 dt.09-03-2022 3/3 be given a fresh notice and shall be afforded an opportunity of responding to such notice.

7. The order by the licensing authority shall be passed after taking into account all facts necessary for concluding the proceeding, within a period of 60 days from the date of receipt/production of a copy of this order, providing reasons for the conclusion succinctly.

8. With the aforesaid observation/direction, the writ petition stands allowed.

(Ashutosh Kumar, J) (Anjani Kumar Sharan, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11/03/2022 Transmission Date N/A