Kanhai Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6888 of 2019 ====================================================== Kanhai Paswan, aged about 45 years, Male, Son of Karghu Paswan R/o Village-KishunPura, P.S.-Magadh Medical College, District-Gaya ... ... Petitioner

Versus

1.

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

The District Magistrate, Gaya 3.

The Sub Divisional Officer, Sadar, Gaya 4.

The Bock Supply Officer, Town Block Gaya 5.

The Block Development Officer Town Block Gaya ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha, Advocate For the Respondent/s :

Mr.S.Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner in this case is aggrieved by and dissatisfied with the order as contained in Memo no. 1744 dated 20.12.2018 by which the P.D.S. Shop license of the petitioner has been cancelled.

Learned counsel for the petitioner submits that from bare perusal of the impugned order it appears that after recording the explanation of the petitioner the Sub-Divisional Officer, Sadar, Gaya has proceeded to cancel the license of the P.D.S. Shop of the petitioner by simply recording that the explanation furnished the petitioner are after thought, baseless

Patna High Court CWJC No.6888 of 2019(2) dt.27-07-2019 2/3 and fabricated.

It is submitted that it is difficult to understand as to what is the basis of the Sub-Divisional Officer, Sadar, Gaya reaching to this conclusion. It is submitted that it is a case of non-consideration of the show cause.

Learned counsel for the State having gone through the impugned order submits that in the given facts and circumstances, the matter may be remitted to the Sub-Divisional Officer, Sadar, Gaya for a fresh consideration. In the given facts and circumstances of the case, the impugned order as contained in memo no. 1744, dated 20.12.2018 is hereby set aside.

This Court would like to record that the SubDivisional Officer, Sadar, Gaya has not at all applied his judicious mind to the explanation furnished by petitioner. He being the licensing authority and exercising drastic power of cancellation of license cannot act in the manner he has done in the present case. He should have gone through the explanation and then would have recorded his finding after verification of the materials and the evidences on the record which has not been done in the present case.

The impugned order is, thus, set aside and the matter

Patna High Court CWJC No.6888 of 2019(2) dt.27-07-2019 3/3 is remitted to the Sub-Divisional Officer, Sadar, Gaya for a fresh consideration after giving appropriate opportunity of hearing to the petitioner.

Let the whole exercise be completed within a period of 90 days from the date of receipt/production of copy of this order.

In the meantime, the license and supply of the petitioner shall stand restored.

(Rajeev Ranjan Prasad, J) avin/- U