Kapildeo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9318 of 2020 ====================================================== Kapildeo Paswan, Male, aged about 55 years, son of Late Uttim Paswan, resident of village- Hazpurba Basant, P.S.- Mahindbara, District- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar through the District Magistrate, Sitamarhi 2.
The District Magistrate, Sitamarhi 3.
The Sub Divisional Officer, Sitamarhi, Sadar, District- Sitamarhi 4.
The District Supply Officer, Sitamarhi 5.
The Block Officer, Runnisaidpur Block, District- Sitamarhi ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Sujata Sinha, Advocate For the Respondent/s :
Mr. S. Raza Ahmad, AAG 5 with Mr. Md. Kamil Akhtar, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 15-11-2021 Heard.
The petitioner has impugned the order dated 24.01.2020 contained in Memo No. 07 dated 24.01.2020 passed by the Sub Divisional Officer, Sitamarhi, Sadar, Sitamarhi. The grievance of the petitioner is that the order is non speaking order and has been passed in a very mechanical manner rejecting the license of the petitioner, thus, suffers from non-application of mind.
We, thus, propose to remit the matter back to the same authority to decide the matter afresh.
Patna High Court CWJC No.9318 of 2020 dt.15-11-2021 2/2 Learned counsel for the State has no objection to it. In view of the above, the impugned order dated 24.01.2020 contained in Memo No. 07 dated 24.01.2020 passed by the Sub Divisional Officer, Sitamarhi, Sadar, is set aside and the matter is remitted back to the same authority for passing a fresh order, in accordance with law, within four weeks from today.
The writ petition stands allowed.
(Rajan Gupta, J) (Mohit Kumar Shah, J) J. Alam/- AFR/NAFR CAV DATE Uploading Date 20.11.2021 Transmission Date