Shiv Narain Yadav v. The State Of Bihar And ORS

Patna High Court CWJC No.14064 of 2013 (2) dt.08-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14064 of 2013 ====================================================== Shiv Narain Yadav .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya, Advocate For the Respondent/s : Mr. K.P. Gupta, Advocate ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 08-09-2015 Heard learned counsel for the petitioner and the State. The petitioner prays for quashing of the order dated 26.4.2013 passed by the Collector, Banka in E.C. Appeal No.149 of 2011-12 affirming the order dated 6.3.2012 passed by the S.D.O. cum Licensing authority, Banka cancelling the license of the petitioner.

The petitioner has assailed the impugned orders on more than one ground. He submits that a copy of the enquiry report was not given to him. Further more, the show cause does not state that in case the reply is not satisfactory, the license would be cancelled. In my view, both the points raised by the petitioner have some substance. The impugned orders are, accordingly, set aside with liberty to the respondents to proceed afresh after giving fresh show cause notice to the petitioner.

In the result, this writ application is allowed. (Samarendra Pratap Singh, J) KHAN/- U