Mohammad Guljar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5548 of 2022 ====================================================== Mohammad Guljar Alam Son of Abdul Rahim, Resident of Ward No. 05 Dakhi, P.S. and District - Supaul.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Supaul.

3.

The Sub-Divisional Officer, Supaul, District - Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh, Adv.

For the Respondent/s :

Mr. Alok Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 15-07-2022 Heard Mr. Rajeev Kumar Labh, the learned counsel for the petitioner and Mr. Alok Ranjan, the learned counsel for the State.

This application was initially filed against the suspension of P.D.S. license of the petitioner on account of his having been made accused in a criminal case. Later, his license was cancelled vide order dated 16.03.2022 contained in memo no. 174.

Patna High Court CWJC No.5548 of 2022(3) dt.15-07-2022 2/3 The aforesaid order of cancellation of license of the petitioner has been brought on record by way of Interlocutory Application No. 1 of 2022.

The petitioner makes a request to set aside the aforesaid order on the ground that the same is non-speaking. From perusal of the order impugned, it appears that the opinion of Block Supply Officer has been taken into account for cancelling the P.D.S. license of the petitioner. The order does not reflect any application of mind on the part of the Licensing Authority with respect to the grounds urged on behalf of the petitioner against the charges levelled against him.

The order, on face of it, is not sustainable in the eyes of law.

For the reasons afore-stated, we set aside the order dated 16.03.2022.

The matter is remitted to the Licensing Authority to pass a fresh order in accordance with law after giving reasons in support of the same.

Let that exercise be done within a period of 60 days from the date of receipt/production of a copy of this order. Any order passed by the Licensing Authority shall

Patna High Court CWJC No.5548 of 2022(3) dt.15-07-2022 3/3 be communicated to the petitioner forthwith.

With the aforesaid direction, the writ petition stands disposed of.

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