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Patna High CourtCWJC/5351/2019disposed

Ram Narayan Sah v. The State Of Bihar And ORS

2023-01-16Mr. Justice Ashutosh Kumar,Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5351 of 2019 ====================================================== Ram Narayan Sah, S/o Ram Bilash Sah Resident of Village-Bakarpur, P.S.- Rajapakar, District-vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Departent, Bihar, Patna 2.

The Collector, Vaishali at Hajipur 3.

The Sub-Divisional Officer, Mahua.

4.

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

For the Petitioner/s :

Mr. N. K. Agrawal- Sr. Advocate Mr. Dhananjaya Nath Tiwari- Advocate Mr. Kumar Rajdeep- Advocate For the State :

Mr. Alok Ranjan- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 16-01-2023 Heard the learned counsel for the parties.

It is rather surprising to know that even though the license of the petitioner was suspended under Section 28 of the Control Order of 2016 on 10.03.2017, the license still remains suspended and the petitioner has not even been noticed uptill now to present his cause.

This ought not to have happened.

Be that as it may, we direct the Licensing Authority to issue notice as contemplated under Section 28 of the Control

Patna High Court CWJC No.5351 of 2019(3) dt.16-01-2023 2/2 Order of 2016, positively within a period of 15 days from the date of receipt/ production of a copy of this order, which shall be received by the petitioner and shall also be responded to, within a further 15 days of his receipt of such notice. The Licensing Authority shall, on adverting to the reply of the petitioner, pass reasoned order within a further period of 60 days thereafter, giving reasons in support of his conclusions.

We have fixed the time limit for the reason that much time has already elapsed.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) ( Satyavrat Verma, J) vikash/sunil U