Radhe Shyam Lal @ Radhe Shyam Barnwal, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4495 of 2022 ====================================================== Radhe Shyam Lal @ Radhe Shyam Barnwal, S/o Late Sukhdev Lal, Resident of Village - Khakhandua, P.S. - Govindpur, District - Nawada, Bihar. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Nawada.

3.

The Sub Divisional Officer, Rajauli.

4.

The Block Supply Officer, Govindpur.

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

For the Petitioner/s :

Mr. N. K. Agarwal, Sr. Adv.

Ms. Preety Kunwar, Adv.

For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC4 ====================================================== 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. N.K. Agarwal, learned senior advocate for the petitioner and Mr. Upendra Pratap Singh for the State. The license of the petitioner has been cancelled by order dated 01.09.2021 passed by the learned Sub-Divisional Officer cum Licensing Authority.

Mr. Agarwal, learned senior advocate has drawn the attention of this Court to the non-speaking order passed by the Licensing Authority which does not state the grounds raised on behalf of the petitioner and why such grounds have not been held to be satisfactory.

Patna High Court CWJC No.4495 of 2022 dt.21-06-2022 2/2 We cannot sustain the aforesaid order.

For the reason aforestated, namely the order being completely non-speaking, we set aside the impugned order. The matter is remanded to the Licensing Authority to pass fresh order in accordance with law after giving a fresh opportunity to the petitioner to represent his cause. Needless to state, this time the order shall be a reasoned order and shall be passed within a period of sixty days, to be counted from the date of production of a copy of this judgment. The petition stands allowed and disposed of accordingly. (Ashutosh Kumar, J) ( Jitendra Kumar, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2022 Transmission Date