Patna High CourtCWJC/7429/2020disposed

Ramadhar Prasad v. The State Of Bihar

2020-09-07Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7429 of 2020 =========================================================== Ramadhar Prasad, male, aged about 62 years, Son of Indrasan Sah, R/o Banawariya Anuja, P.O.-Narkatiyaganj, P.S.-Shikarpur, West Champaran, Bihar845455. ...........Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection, Govt. of Bihar, Patna.

2. The District Magistrate, West Champaran, Bettiah.

3. Sub-Divisional Officer, Narkatiyaganj, West Champaran, Bettiah. ..........Respondent/s ========================================================== Appearance:

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Adv.

For the State : Mr. Sunil Kumar Mandal, Adv.

=========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date: 07-09-2020 Heard Mr. Sanjeev Kumar Mishra, learned Advocate for the petitioner and Mr. Sunil Kumar Mandal, learned counsel for the State.

2. The petitioner, who is a PDS dealer, is aggrieved by the order dated 11.05.2020 passed by respondent No. 3/Sub-

Divisional Officer, Narkatiyaganj, West Champaran, Bettiah, whereby his license to run the PDS shop has been cancelled.

3. The only ground which has been raised by the petitioner is that even though it is alleged that the notice was served upon him before the order was passed on 24.04.2020, he has not received the notice as yet.

4. The order impugned depicts that the reply of the petitioner has not been received by the authority concerned.

5. In that view of the matter, the order impugned in the present petition is set-aside.

6. It is directed that the petitioner be noticed by the concerned authority within a period of four weeks from today, intimating the grounds for cancellation of his license.

7. On receipt of such notice, the petitioner shall respond and, thereafter the concerned authority shall pass a reasoned order in accordance with law within a reasonable period of time/statutory time.

8. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J.) Praveen-II AFR/NAFR NAFR CAV Date N/A Uploading Date 08.09.2020 Transmission Date N/A