Maya Kant Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6151 of 2013 ====================================================== Maya Kant Jha S/O Late Bhawanand Jha Resident Of Village- Majlispur, P.S. Palasi, District- Araria .... .... Petitioner

Versus

1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna

2. The District Magistrate, Araria

3. The Sub Divisional Officer, Araria

4. The District Supply Officer, Araria

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

For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-08-2015 The petitioner prays for setting aside order dated 8.10.2011/12.10.2011 passed by the SDO, Araria, respondent no.3 cancelling his licence which was affirmed in Appeal no. 10/2011-12.

The petitioner runs a fair price shop having Licence no. 47P/2007 under Gram Panchayat Raj Majlispur, district Araria. He submits that the Appellate authority has not given him reasonable opportunity of being heard as well as he did not consider the grounds taken by him in appeal. He merely reiterated the grounds on basis of which the SDO had cancelled the licence.

I find substance in the submission of the petitioner as the

Patna High Court CWJC No.6151 of 2013 (3) dt.10-08-2015 appellate authority has not assigned any reason for affirming the order of respondent no.3. In the result, the impugned orders are set aside and the matter is remitted to respondent no.3 for fresh decision after issuing show cause to the petitioner. The writ petition is thus disposed of.

(Samarendra Pratap Singh, J) Shashi.

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