Dinesh Kumar Yadav @ Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6144 of 2022 ====================================================== Dinesh Kumar Yadav @ Dinesh Yadav, aged about 45 years, male, Son of Nandlal Yadav, resident of Village-Khutauna, Ward No. 8, Balardiha, Police Station-Bithan, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Civil Supplies Department, Bihar, Patna.

2.

The Divisional Commissioner, Darbhanga.

3.

The District Magistrate, Samastipur.

4.

The District Supply Officer, Samastipur.

5.

The Sub-Divisional Magistrate, Rosera, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Jha, Adv.

For the State :

Mr. Upendra Pratap Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 28-07-2022 Heard Mr. Pankaj Kumar Jha, the learned Advocate for the petitioner and Mr. Upendra Pratap Singh, the learned counsel for the State.

2. The license of the petitioner was cancelled, against which order he preferred an appeal before the appellate authority.

3. The order of cancellation of license was

Patna High Court CWJC No.6144 of 2022 dt.28-07-2022 2/3 not sustained by the appellate authority and the matter was remitted to the licensing authority to write out a fresh order in accordance with law.

4. The licensing authority reiterated its earlier stand and cancelled the license of the petitioner, against which an appeal was filed in which the order of cancellation of license was sustained.

5. Thereafter, the petitioner approached this Court vide C.W.J.C. No. 11732 of 2019.

6. In the aforesaid writ petition, a Bench of this Court remanded the matter to the appellate authority again to write out a fresh order within the time limit so fixed by this Court.

7. Pursuant to the order referred to above, the appellate authority has passed a fresh order, which is under challenge.

8. It is regretted that even this time, the appellate authority has not taken care to give reasons for sustaining the order of cancellation of license.

9. Be that as it may, considering the fact

Patna High Court CWJC No.6144 of 2022 dt.28-07-2022 3/3 that it has taken too long time all this while, this Court deems it appropriate to direct the petitioner to prefer a revision petition against the aforesaid order within a period of thirty (30) days.

10. Should that be done, the revisional authority shall look into the entire gamut of facts and shall pass a reasoned order within a period of sixty (60) days of the filing of the revision petition by the petitioner.

11. Needless to state that all the grounds urged by the petitioner shall be adverted to and reasons shall be given in support of the decision thereupon.

12. The writ petition stands disposed of accordingly.

(Ashutosh Kumar, J) (Jitendra Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 02/08/2022 Transmission Date N/A