Sudama Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4180 of 2022 ====================================================== Sudama Dubey S/o Late Ram Chandar Dueby Resident of Village- Kori, POEast Bhelari, PS- Dinara, Dist- Rohtas, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Food and Civil Supplies Department, Government of Bihar.

2.

The District Magistrate cum Collector, Rohtas. 3.

Sub-Divisional Officer, Bikramganj.

4.

Block Supply Officer, Dinara.

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

For the Petitioner/s :

Mr. Shiv Pratap, Advocate For the Respondent/s :

Mr. 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 : 21-06-2022 Heard Mr. Shiv Pratap, learned Advocate for the petitioner and Mr. Alok Ranjan, learned AC to AAG-5 for the State.

The order under challenge in the present petition is the appellate order dated 17.09.2021, whereby the order of the licensing authority, cancelling the license of the petitioner to run the PDS shop has been upheld.

The learned counsel for the petitioner has submitted that from the perusal of the order impugned, it would appear that it has been passed in a mechanical manner and the grounds raised on behalf of the petitioner have not been adverted to at all.

Patna High Court CWJC No.4180 of 2022 dt.21-06-2022 2/2 While perusing the order dated 17.09.2021, we do find that the reasons have only been sketchily provided in the order in justification of the decision given by the authority but considering the fact that there is a provision for filing revision against such appellate order, we are not inclined to entertain the present petition.

We, therefore, direct that in the event of the petitioner preferring a revision petition before the concerned revisional authority within a period of thirty days, the same shall be taken up for consideration and shall be disposed of by the revisional authority within a period of sixty days to be counted from the date of presentation of the memo of revision. Needless to state that the petitioner shall be afforded all opportunities of representing his case and the order so passed shall provide reasons. The writ petition stands disposed off accordingly. (Ashutosh Kumar, J) (Jitendra Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.06.2022 Transmission Date