Mukesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6191 of 2021 ====================================================== Mukesh Ram S/o Shrawan Ram, Resident of Village - Biram Parsa, P.S.- Revelganj, District - Saran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.
2.
The Collector, Saran.
3.
The Sub Divisional Officer, Sadar, Chapra.
4.
The Block Supply Officer, Revelganj, Saran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Preety Kunwar, Advocate For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 23-12-2021 The petitioner has sought to challenge the order dated 21.08.2020, passed by the Sub Divisional Officer, Sadar, Chapra.
At the outset, the learned counsel for the petitioner has placed reliance upon a judgment rendered by the Hon'ble Division Bench in the case of Ram Bachan Ram v. The State of Bihar and Ors. reported in 2018(4) PLJR 516, to submit that though, a show cause notice was served upon the petitioner, before passing of the impugned order, however, the same did not indicate about any proposal for cancellation of the license,
Patna High Court CWJC No.6191 of 2021(2) dt.23-12-2021 2/2 in terms of Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, hence the impugned order dated 21.08.2020 stands vitiated in the eyes of law. Ratio of the judgment reported in Ram Bachan Ram (supra) is not disputed by the learned State Counsel. In above view of the matter, the impugned order dated 21.08.2020, passed by the Sub Divisional Officer, Sadar, Chapra is hereby set aside and the matter is remitted back to the concerned authority for proceeding afresh, in accordance with law.
The writ petition stands disposed off on the aforementioned terms.
(Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- U