Patna High CourtCWJC/23170/2013allowed

Devani Devi v. The State Of Bihar And ORS

2015-09-17Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23170 of 2013 ====================================================== Devani Devi, Wife of Sri Sitaram Yadav, Gram Panchayat- Kujari, resident of Village Kujari, Block- Palsi, P.S.- Palasi, District- Araria. .... .... Petitioner.

Versus

1. The State of Bihar through the Secretary, Food & Civil Supply Department, Old Secretariat, Patna.

2. The Secretary, Food & Civil Supply Department, Old Secretariat, Patna.

3. The District Magistrate, Araria.

4. The Licensing Officer-cum-the Sub-Divisional Magistrate, Araria.

5. The Block Supply Officer, Palasi, District- Araria. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar For the Respondent/s : Mr. Radhika Raman ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-09-2015 Heard learned counsel for the petitioner and the State. The petitioner submits that while cancelling the license, the respondents have traversed beyond the show-cause. He submits that it would appear from the order of the licensing authority that the license has been cancelled also taking into consideration that K. Oil was not supplied in time, though the same did not form part of the show-cause.

Counsel for the petitioner was not able to show whether this point was taken before the appellate authority. In the facts of the case, I am inclined to grant one opportunity to the petitioner to take resort before the appellate authority.

Patna High Court CWJC No.23170 of 2013 (3) dt.17-09-2015 2 / 2 In the circumstances, the impugned order passed by the appellate authority is set aside and the matter is remitted to the appellate authority for fresh consideration. It will be open for the petitioner to file an affidavit supplementing the grounds taken in appeal.

The writ application is allowed only to the extent mentioned above.

(Samarendra Pratap Singh, J.) Uday/- U