Patna High CourtCWJC/13843/2019dismissed

Lachho Paswan v. The State Of Bihar

2023-03-20Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13843 of 2019 ====================================================== Lachho Paswan ... ... Petitioner/s

Versus

The State of Bihar & Ors.

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

For the Petitioner :

Mr. Rabindra Prasad Singh, Adv.

For the Respondent :

Mr. U.P. Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-03-2023 The petitioner, by way of this writ petition, assails the order passed by the District Supply Officer dated 13.02.2016, the order passed by the appellate authority dated 06.05.2017 and the order passed by the Revisional Authority dated 13.02.2018 whereby the petitioner's license was cancelled and upheld by the appellate authority as well as by the revisional authority respectively.

Learned counsel for the petitioner submits that all the three orders do not take into consideration the representation and reply filed by the petitioner. The petitioner had produced certain evidence in support of his defence, but the same has been ignored and not considered properly by the authorities, including appellate authority. The orders, therefore, deserve to be set aside.

Patna High Court CWJC No.13843 of 2019(5) dt.20-03-2023 2/2 I have considered the submissions. The allegations against the petitioner are of factual nature of not complying with the conditions of the license. As per Rule 27, even if one of the conditions is not complied with, the license is liable to be cancelled. There are as many as eight allegations against the petitioner of which several allegations have been found to be true both by the SDO as well as by the appellate/revisional authorities.

A detailed order having been passed on factual aspects, this Court under writ jurisdiction would not have a scope to interfere with such decision making process as principles of natural justice have been followed by giving full opportunity to the petitioners.

In view thereof, no interference is warranted. The writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Gauravkr/- Item No. 34 U