Patna High CourtL.P.A/2296/2016dismissed

Brajesh Kumar @ Brajesh Kumar Yadav v. The State Of Bihar And ORS

2018-01-04Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2296 of 2016 In Civil Writ Jurisdiction Case No.13929 of 2012 ====================================================== Brajesh Kumar @ Brajesh Kumar Yadav Son of Butai Yadav Resident of Village- Pakary, P.O.- Kalyanpur, P.S. Bihin, District- Bhojpur(Bihar). ... ... Appellant/s

Versus

1. The State of Bihar.

2. The District Magistrate Bojpur at Ara, District- Bhojpur(Bihar).

3. The District Supply Officer, Bhojpur, District- Bhojpur (Bihar).

4. The Sub Divisional Officer, Jagdishpur, District- Bhojpur(Bihar).

5. The Block Supply Officer, Bihian, District- Bhojpur(Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Manoj Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 04-01-2018 Delay of 57 days in preferring this appeal is condoned. I. A. No. 9707 of 2016 is allowed.

The matter is thereafter taken up on merits.

Heard learned counsel for the appellant. Perused the order, dated 09.09.2016. The Learned Single Judge has rightly dismissed the writ application, refusing to interfere with the order of the licensing authority as well as the appellate authority, the Collector, because he had nothing to offer by way of defence at any of the stage. In fact all steps have been taken to evade and avoid offering explanation for the allegations and charges for

Patna High Court LPA No.2296 of 2016(3) dt.04-01-2018 2/2 which notices had been issued to him.

Appellant had been given adequate opportunity at both the stages and at both the stages he has failed to make out a case for any defence against charges so leveled.

In view of the same, the appeal lacks merit. No interference is warranted with the order of the Learned Single Judge. Appeal is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) skm/- U