Dinesh Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5049 of 2022 ====================================================== Dinesh Kumar Rajak, aged about 45 years, male, Son of Late Rameshwar Rajak, Resident of Village- Ranipatra Bazar, P.S. Mufassil, District- Purnea. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Purnea.

3.

The Sub-Divisional Officer, Sadar, Purnea.

4.

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

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the Respondent/s :

Mr. Alok Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 29-09-2022 Heard Mr. Vijay Anand, the learned Advocate for the petitioner and Mr. Alok Ranjan, the learned counsel for the State.

2. The license of the petitioner was cancelled

Patna High Court CWJC No.5049 of 2022 dt.29-09-2022 2/3 against which order he had preferred an appeal.

3. On the appellate authority confirming the order of cancellation of the license by the licensing authority, the petitioner approached this Court vide C.W.J.C. No. 4351 of 2017.

4. The Bench, hearing the matter, vide his order dated 21.12.2019 found that the Collector had not assigned any reason for dismissing the appeal. The orders, therefore, were quashed and the matter was remitted to the appellate authority to again take a final decision in the matter after application of mind within a prescribed time limit.

5. The petitioner, again, preferred an appeal before the Collector, when the same was dismissed, but with reasons which have only been cryptically recorded.

6. In any view of the matter, the petitioner has a remedy of preferring a revision petition before the Commissioner, which provision has not been exhausted by the petitioner.

Patna High Court CWJC No.5049 of 2022 dt.29-09-2022 3/3

7. We, thus, direct the petitioner to prefer a revision petition before the concerned authority within a period of 30 days, when the revisional authority, after giving reasonable opportunity to the petitioner to present his cause, shall pass a final order within a further period of 60 days, giving reasons in support of the same.

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

(Ashutosh Kumar, J) (Jitendra Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.09.2022 Transmission Date N/A