Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3513 of 2022 ====================================================== Uday Kumar, aged about 42 years, Male, S/o Late Ram Bilas Sah, Resident of Ward No.- 07, Kurhani, P.S. and Anchal - Kurhani, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2.

The Sub-Divisional Magistrate, West, Muzaffarpur, P.S. Town, District - Muzaffarpur.

3.

The Block Supply Officer, Sakra, P.S. - Sakara, Distt. - Muzaffarpur. 4.

The Block Supply Officer, Katara, P.S. - Katra, Distt. - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kishore Shahi, Adv.

For the Respondent/s :

Mr. Upendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 27-04-2022 Heard Mr. Shankar Kishore Shahi, learned advocate for the petitioner and Mr. Upendra Pratap Singh for the State. The petitioner is aggrieved by the order dated 31.12.2021 passed by the Licensing Authority namely the SubDivisional Officer, West, Muzaffarpur whereby his license to run the PDS shop has been cancelled.

Patna High Court CWJC No.3513 of 2022 dt.27-04-2022 2/3 Learned counsel for the petitioner has raised a solitary point that pursuant to the notice issued to him, he had replied but none of the grounds taken in his reply has been adverted to before passing the order of cancellation of the license. Mr. Shahi further submits that such an order cannot be sustained in the eyes of law as it does not reflect any application of mind. Merely stating that the grounds urged by the petitioner is non-existent would not suffice.

There is a reason behind insistence for any such order to be an informed one. In absence of any reason, the same cannot effectively be challenged. Times without number, this Court as well as the Hon'ble Apex Court have underlined the necessity of such orders being passed with reasons. We have not been able to find out any reason for the Licensing Authority to have rejected the explanation offered by the petitioner against the charges leveled against him in his capacity as PDS dealer. For the reasons aforenoted, we are constrained to set aside the order.

The matter is remitted to the Licensing Authority to pass a fresh order in accordance with law after stating the reasons in support of such conclusion.

Patna High Court CWJC No.3513 of 2022 dt.27-04-2022 3/3 Such an order shall be passed not later than sixty days from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this writ application is allowed and disposed of accordingly. (Ashutosh Kumar, J) ( Anjani Kumar Sharan, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.04.2022 Transmission Date