Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 5159 of 2022 ====================================================== Ranjeet Kumar, Son of Kali Yadav, resident of Dhanchhuha, P.O. - Barngow, Mau, P.S. - Mau, District - Gaya.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gaya.

3.

The Sub-Divisional Officer (S.D.O.), Tekari, Gaya. 4.

The District Supply Officer, District - Gaya. 5.

The Block Supply Officer, Tekari, Gaya.

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

For the Petitioner/s :

Mr. Sanchay Srivastava For the Respondent/s :

Mr. S.Raza Ahmad (AAG5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 21-07-2022 Heard Mr. Sanchay Srivastava, learned counsel for the petitioner and learned counsel for the State. The licence of the petitioner has been cancelled by the licensing authority having found that the petitioner has breached certain conditions of licence.

The learned counsel for the petitioner has raised objection with respect to the contents of the notice and has argued that before any application of mind after adverting to the grounds raised on the behalf of the petitioner, the notice

Patna High Court CWJC No. 5159 of 2022(3) dt.21-07-2022 2/3 actually castigates the petitioner in his capacity as a licensee. He further submits that the consequences of the lapses of the petitioner have not been listed and therefore such notice could not have been effectively responded to. We do not find such grounds to be tenable. Nonetheless, considering the statement of the petitioner that he shall challenge the order passed by the licensing authority before the appellate authority, we dispose of this writ petition with a direction that in case an appeal is preferred against the order of cancellation of licence before the appellate authority within a period of 60 days, that shall be taken up for consideration and after giving reasonably sufficient time to the petitioner to explain his cause, a final order shall be passed by the appellate authority giving reasons in support of the same.

The order shall be passed within a period of 60 days from the date of presentation of memo of appeal along with a copy of this order.

The order so passed by the appellate authority shall be made available to the petitioner forthwith.

Patna High Court CWJC No. 5159 of 2022(3) dt.21-07-2022 3/3 The petition stands disposed of accordingly.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) uttam/- U