Vigu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4130 of 2024 ====================================================== Vigu Ram Son of- Late Fatahu Ram @ Batahu Ram, Resident of VillageKurminiya, P.S.- Mahuawa, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

The Collector, East Champaran, Motihari.

3.

The Sub Divisional Officer, Raxaul.

4.

The District Supply Officer, East Champaran Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. NK Agarwal, Sr. Adv.

:

Ms. Diksha Kumari For the Respondent/s :

Mr. Jai Prabhat Kishore, Ac to SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 31-07-2024 The only grievance of the petitioner is that the license of the petitioner has been suspended/cancelled only on the basis of the FIR lodged against the petitioner.

2. Learned counsel appearing on behalf of the petitioner has stated that till date no orders have been communicated either suspending or cancelling the license of the petitioner. That at no point of time the petitioner was given any show cause notice nor his explanation called for. Further, it is stated by the counsel for the petitioner that subsequently, the Criminal Court vide order dated 08.11.2019 (Annexure-P/2) has acquitted the petitioner and, therefore, the suspension/cancellation of license has to be necessarily set aside.

3. Learned counsel appearing on behalf of the respondents has stated that the petitioner has not filed any scrap of paper to show that the license of the petitioner has either been

Patna High Court CWJC No.4130 of 2024(2) dt.31-07-2024 2/2 suspended or cancelled pursuant to the lodging of the FIR. Learned counsel has stated that the petitioner may bring the factum of acquittal to the authority concerned vide representation duly enclosing the copy of the acquittal order and the authority may be directed to pass necessary orders on the said representation.

4. Having regard to the same, the petitioner is directed to file a representation before the Sub-Divisional Officer, Raxaul (respondent No. 3) duly enclosing the copy of the acquittal order passed by the Criminal Court within a period of four weeks from today. On such representation being given, the same shall be considered and necessary orders passed within a period of eight weeks thereof. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner.

5. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U