Yamuna Mandal @ Yamuna Prashad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7327 of 2023 ====================================================== Yamuna Mandal @ Yamuna Prashad S/o Late Ramswarup Yadav R/o Ward no 44, P.S.-Vishnupad, District-Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Food and Supply. Govt. of Bihar, Patna.

2.

The District Magistrate Gaya.

3.

The District Supply Officer Gaya.

4.

The Sub Divisional Officer Sadar Gaya 5.

The Block Development Officer Cum Block Supply Officer, Gaya 6.

The Block Supply Officer Gaya.

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-09-2023 Heard the learned counsels for the parties.

2. The writ petition has been filed for seeking the following relief(s):- "That the present wirt petition is being filed for issuance of appropriate writ/writs, order/orders, direction/directions to the Respondents for set-aside the order of suspension of license of the petitioner vide license No.

222/16 dated 15.10.2022 by S.D.O.

Sadar Gaya vide memo No-1224 without considering the reply of show cause of the Petitioner, as per the above facts Your Lordships may pass appropriate order

Patna High Court CWJC No.7327 of 2023(2) dt.14-09-2023 2/3 after set-aside the order of suspension dated 15.10.2022. "The suspension of licence under clause 11 is only for an interim period of 90 days" in such circumstances your lordship may pass appropriate order according to law after set-aside the order dated 15.10.2022."

3. It is the case of the petitioner that the petitioner's license has being suspended on 15.10.2022 and till date no final orders are passed by the Sub Divisional Officer (4th Respondent) even though the petitioner has submitted his explanation to the Show Cause. Learned counsel has prayed for a direction to be passed directing the 4th Respondent to pass final order. Having regard to the fact that the prayer sought for by petitioner is an innocuous one seeking a direction from this Court to direct the Sub Divisional Officer (Respondent No. 4) to pass orders.

4. Without going into the merits or demerits of the case, the present writ petition is disposed off with a direction to the Sub Divisional Officer (Respondent No. 4) to dispose off the case as expeditiously as possible preferably within a period of eight weeks from the date of the receipt of the copy of this order. The authority concerned shall pass a reasoned order strictly in accordance with law duly taking into consideration

Patna High Court CWJC No.7327 of 2023(2) dt.14-09-2023 3/3 the reply submitted by the petitioner and the statutory provisions of the Act.

5. It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the party.

6. With the above observations, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) Gauravkr/- U