Nandlal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11720 of 2021 ====================================================== Nandlal Ram, S/o Ghura Ram, R/o Village Jamurna, P.S. Ramgarh, District Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Bihar Patna.

2.

The Collector-cum District Magistrate, Kaimur at Bhabua. 3.

The District Supply Officer, Kaimur at Bhabua. 4.

The Assistant District Supply Officer, Kaimur at Bhabua. 5.

Sub- Divisional Officer (Supply), Mohania, Kaimur at Bhabua. 6.

Block Supply Officer, Ramgarh, Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Respondent/s :

Mr. Raghwanand, GA-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs

2/4 joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 07-01-2022 The present petition stands filed, invoking the jurisdiction of this court under Article 226, Constitution of India.

Petitioner has prayed for the following relief/s :- "

The petitioner is a dealer under the Public Distribution System whose license stood cancelled upon an inspection conducted on 15.02.2021, pursuant to which the S.D.O issued

3/4 notice to him on 17.02.2021, granting him 24 hours time to file documents in favour of his case, and soon after, passed an order revoking the license on 26.03.2021. Hence, this present petition. We find that, the impugned order is a non-speaking and cryptic one as it only mentions the irregularities found during inspection and does not detail the testimonies on the basis of which the licence has been cancelled on account of inadequate countering of allegations by the petitioner. The objection filed by the petitioner was neither referred to nor dealt with by the Officer.

As such, on this short ground alone, we quash and set aside the order dated 26.03.2021 passed by the Sub-Divisional Officer, Mohania, Kaimur at Bhabua remanding the matter back to the officer concerned for passing a fresh order in accordance with law.

Since the matter pertains to the year 2021, petitioner shall appear before the appropriate authority on 21.01.2022, on which date, he shall also file a detailed response and place on record materials in support of his case.

The appropriate authority shall pass a fresh order assigning reasons within a period of four weeks thereafter. Liberty reserved to assail the same before the appropriate forum,

4/4 should the need so arise.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 10.01.2022 Transmission Date