Rupak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6003 of 2019 ====================================================== Rupak Kumar S/o Umesh Singh Resident of Ward No.-10, Bhakurahiya, P.S.- Sairaiyar Gopal, Patahi, District- East Champaran, the Chairman Saraiya Gopal PACS, Block- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, East Champaran.

3.

The Sub-Divisional Officer, Pakridayal, East Champaran. 4.

The Block Supply Officer, Patahi, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

For the Respondent/s :

Mr. Alok Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 20-12-2022 Heard Mr. N.K. Agarwal, the learned senior Advocate for the petitioner and Mr. Alok Ranjan for the State.

The license of the petitioner has been

Patna High Court CWJC No.6003 of 2019 dt.20-12-2022 2/3 cancelled solely on the ground of the charges against him in the criminal case having been found to be true. The learned counsel for the petitioner has submitted that a notice was issued prior to the order of cancellation to which he had replied. However, from the order impugned it appears that no ground whatsoever raised by the petitioner was taken into account and the order has been passed only on the basis of the criminal case lodged against the petitioner.

The order is absolutely non-speaking and therefore un-sustainable in the eyes of law.

For the aforenoted reason only, the order is set aside.

The matter is remitted to the Licensing Authority to serve upon the petitioner a fresh notice within a period of 30 days to be counted from the date of receipt / production of a copy of this order, seeking his reply.

On return of the rule, the Licensing Authority

Patna High Court CWJC No.6003 of 2019 dt.20-12-2022 3/3 shall pass a final order within next 60 days, adverting to the reply filed by the petitioner and giving reasons in support of his decision.

With the afore-noted observation / direction, the writ petition stands disposed of.

(Ashutosh Kumar, J) (Nawneet Kumar Pandey, J) sharun/- sonali AFR/NAFR NAFR CAV DATE NA Uploading Date 02.01.2023 Transmission Date NA