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Patna High CourtCWJC/6039/2019disposed

Keshri Kumar Singh v. The State Of Bihar

2020-01-07Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6039 of 2019 ====================================================== Keshri Kumar Singh, aged about 57 years, male, Late Ramudar Singh, Resident of Village - Jarang, P.S. - Gayghat, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Muzaffarpur.

3.

The Sub-Divisional Officer, East Muzaffarpur. 4.

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

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 07-01-2020 The license of the petitioner under the Public Distribution System has been cancelled vide order dated 24.08.2018 passed by the Sub-Divisional Officer, East Muzaffarpur (respondent No. 3).

2. It has been submitted on behalf of the petitioner that the cancellation order does not disclose any reason for rejecting the explanation offered by the petitioner.

3. From the perusal of the order impugned, it appears that except for noting down the charges levelled against the petitioner and stating in one line that the

Patna High Court CWJC No.6039 of 2019 dt.07-01-2020 2/2 explanation offered by the petitioner is unsatisfactory, no reason or basis for arriving at such a conclusion has been stated. The order, therefore, appears to be an uninformed one, which cannot be sustained in the eyes of law.

4. This Court is, therefore, left with no other alternative but to quash the order impugned.

5. The matter is remitted to the Sub-Divisional Officer, East Muzaffarpur (respondent No. 3) to write out a fresh order in accordance with law after adverting to the grounds raised by the petitioner and affording him a hearing in the matter. The petitioner shall also be furnished a copy of the enquiry report. The entire exercise must be completed within a period of four weeks of the presentation of a copy of this order.

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

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.01.2020 Transmission Date N/A