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Patna High CourtCWJC/7428/2022dismissed

Ashok Kumar Singh v. The State Of Bihar

2022-10-13Mr. Justice Ashutosh Kumar,Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7428 of 2022 ====================================================== Ashok Kumar Singh Son of Late Ram Nagina Singh Resident of VillageSonhar, Police Station- Sheosagar, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Consumer Affairs, Government of Bihar, Patna. 2.

The District Magistrate-cum-Chairman, District- Rohtas at Sasaram. 3.

The Sub Divisional Officer-cum-Licensing Authority, Sasaram, DistrictRohtas. 4.

The Block Supply Officer, Sheosagar, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 13-10-2022 Heard the learned counsel for the petitioner and the State.

The license of the petitioner has been cancelled, which order has been affirmed by the appellate authority. The contention raised on behalf of the petitioner is that in the show-cause notice served upon him, the contemplated course of action has not been intimated.

Patna High Court CWJC No.7428 of 2022 dt.13-10-2022 2/3 On perusal of the notice, we find that it has been indicated that in case of the explanation offered by the petitioner not being found to be satisfactory, further action shall be taken.

This is good enough indication for the notice to be valid as the only course contemplated in such a situation is cancellation of license Be that as it may, considering the fact that the petitioner has not exhausted his remedy of revision, we are not inclined to entertain this petition. Thus, without commenting on the contents of the orders which have been impugned in the present petition, we dismiss this petition with the liberty to the petitioner to approach the revisional authority in case so deemed appropriate.

In case such a revision petition is filed, that shall be entertained by the revisional authority and after affording reasonable opportunity to the petitioner, a final reasoned order shall be passed.

Patna High Court CWJC No.7428 of 2022 dt.13-10-2022 3/3 The petition stands dismissed with the aforenoted observation. (Ashutosh Kumar, J) (Jitendra Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.10.2022 Transmission Date NA