Veena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6337 of 2022 ====================================================== Veena Kumari W/o Sri Suman Yadav, Resident of Village-Abhanda Bakerganj, Post-Laheriasarai Balbhadrapur, Block-Baheri, DistrictDarbhanga, Pin Code-846001. ... ... Petitioner/s

Versus

1.

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

2.

Additional Secretary, Food and Consumer Protection Department, Bihar, Patna.

3.

The Collector, Darbhanga.

4.

The Licensing Officer-cum-Sub-Divisional Officer, Sadar, Darbhanga. 5.

The District Supply Officer, Darbhanga.

6.

The Block Supply Officer, Baheri, Darbhanga.

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

For the Petitioner/s :

Mr.Kaushalesh Choudhary, Adv.

For the Respondent/s :

Mr. Anisul Haque, 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. Kaushalesh Chaudhary, learned Advocate for the petitioner and Mr. Anisul Haque for the State. The license of the petitioner has been cancelled by the licensing authority.

A perusal of the order referred to above indicates that only the charges in the notice have been reiterated and the license has been cancelled on the licensing officer having found the explanation of the petitioner to be unsatisfactory.

Patna High Court CWJC No.6337 of 2022 dt.28-07-2022 2/2 What reasons have weighed with the licensing authority to reject the defence of the petitioner is not known. This is not a speaking order and therefore, it cannot be sustained in the eyes of law.

For the order not being a reasoned order, we set it aside. The matter is remitted to the licensing authority to write out a fresh order in accordance with law, adverting to the grounds taken in defence of the petitioner and giving reasons in support of the decision so taken.

The entire exercise be completed within a period of ninety days from the date of receipt/production of a copy of this order.

The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) ( Jitendra Kumar, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.08.2022 Transmission Date