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Patna High CourtCWJC/16250/2013allowed

Bashishtha Ray v. The State Of Bihar And ORS

2015-09-11Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.16250 of 2013 (2) dt.11-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16250 of 2013 ======================================================

1. Bashishtha Ray Son Of Late Jai Lal Ray Resident Of Village Baliya Indrajeet, P.S. Bochahan, Distt - Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector Muzaffarpur

2. The Collector, Muzaffarpur

3. The Sub-Divisional Officer, East Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Respondent/s : Mr. Radhika Raman ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-09-2015 The petitioner seeks quashing of the order dated 26.2.2013 passed by the District Magistrate, Muzaffarpur in Supply Appeal Case No.12 of 2010 affirming the order dated 13.1.2011 passed by the Sub-Divisional officer, East, Muzaffarpur whereby the license of the petitioner has been cancelled.

A counter affidavit has been filed by the State justifying the order of cancellation of petitioner's licence. The petitioner submits that in view of nature of allegation, it was necessary that a copy of the enquiry report ought to have been supplied to him.

I find substance in the submission of the petitioner that in the facts of the case the enquiry report ought to have been furnished to him.

In this view of the matter, the impugned order dated

Patna High Court CWJC No.16250 of 2013 (2) dt.11-09-2015 26.2.2013 passed by the District Magistrate, Muzaffarpur in Supply Appeal Case No.12 of 2010 affirming the order dated 13.1.2011 passed by the Sub-Divisional officer, East, Muzaffarpur are set aside and the matter is remitted to the licensing authority to proceed afresh in accordance with law after furnishing a copy of the enquiry report to the petitioner. The petitioner must appear in person before the licensing authority within four weeks on receipt of the enquiry report.

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