Sumant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4193 of 2020 ====================================================== Sumant Yadav Son of Chhabbu Yadav R/o Village Mirzapur, Alinagar, Rajpur, P.S. Sabour, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, Bhagalpur.

3.

The Sub Divisional Officer, Sadar, Bhagalpur. 4.

The Block Supply Officer, Block-Sabour, District-Bhagalpur. 5.

The District Supply Officer, Bhagalpur.

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

For the Petitioner/s :

Mr. Dhirendra Nath Jha, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 04-07-2022 Heard Mr. Dhirendra Nath Jha, learned Advocate for the petitioner and Mr. Alok Ranjan, learned AC to AAG 5 for the State.

The license of the petitioner was suspended under Clause 28 of the Bihar Targeted P.D.S. (Control) Order, 2016 for his having become an accused in a criminal case. The petitioner appears to have explained his cause but prior to any notice having been issued to him. However, as

Patna High Court CWJC No.4193 of 2020 dt.04-07-2022 2/2 on date, no final order has been passed after the suspension of the license of the petitioner.

Under the aforesaid circumstances, in the absence of any statement on record that the notice issued to the petitioner was replied, we direct the licensing authority to give a fresh notice to the petitioner within a period of thirty days from the date of receipt/production of a copy of this order and elicit his response which shall be promptly filed by the petitioner within a further period of thirty days and thereafter a final decision shall be taken by the concerned authority within a further period of 180 days.

The decision passed by the authority shall be backed by the reasons in support of the same.

With the aforesaid direction/observation, this writ petition stands disposed off.

(Ashutosh Kumar, J) (Jitendra Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.07.2022 Transmission Date