Uma Shanker Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6146 of 2019 ====================================================== Uma Shanker Tiwary, son of Sri Sheo Sunder Tiwary, resident of Vill.- Barja, P.S.- Bihiya, Distt.- Arrah (Bhojpur) ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection Department, Old Secretariat, Patna 2.

The S.D.O. Sadar, Arrah 3.

The Block Supply Officer, Arrah ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Respondent/s :

Mr.S. Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-01-2020 The petitioner is aggrieved by the order dated 09.01.2019 passed by the Sub-Divisional Officer, Sadar, Arrah whereby the PDS license of the petitioner has been cancelled.

The sole contention of the petitioner is that apart from noting down the charges which were raised against the petitioner, there is no application of mind of the licensing authority over the reply filed on behalf of the petitioner.

The order appears to have been passed mechanically by stating that the grounds raised by the

Patna High Court CWJC No.6146 of 2019(2) dt.08-01-2020 2/2 petitioner do not appear to be satisfactory.

This is not a reasoned order and hence it cannot be sustained in the eyes of law.

For the aforesaid reason, this Court is left with no alternative but to set aside the order impugned in the present petition.

The matter is remitted to the Sub-Divisional Officer, Sadar, Arrah (respondent No. 2) for writing out a fresh and reasoned order in accordance with law within a period of four weeks of the receipt/production of a copy of this order after affording the opportunity of hearing to the petitioner.

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

(Ashutosh Kumar, J) Shageer/- U