Raj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9262 of 2020 ====================================================== Raj Kumar Gupta Son of Sri Surya Kishor Gupta Resident of VillageSarsopahi, P.S.- Pandaul, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary-cum- Commissioner, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The District Magistrate-cum- Collector Madhubani. 3.

The Sub- Divisional Officer-cum- Licensing Authority Sadar- Madhubani, District- Madhubani.

4.

The Block Supply Officer Pandaul.

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

For the Petitioner/s :

Mr.Arjun Kumar For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 29-11-2021 A bare perusal of the impugned order dated 6.4.2020 passed by the Sub-Divisional Officer, Sadar Madhubani, shows that it contains no reasons for cancelling the PDS license and rejecting the reply submitted by the petitioner to the show cause notice. Apart from being non-speaking in nature, the order suffers from non-application of mind.

We thus propose to remit the matter back to the same authority for decision afresh. This proposal is not opposed by the learned counsel representing the Respondent. Under the circumstances, the impugned order dated

Patna High Court CWJC No.9262 of 2020(3) dt.29-11-2021 2/2 6.4.2020 is hereby set aside and the matter is remitted to the same authority for decision afresh at the earliest in any case not later than eight weeks.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Tiwary/-Ajay/- U