Patna High CourtCWJC/19822/2013disposed

Sadanand Jha v. The State Of Bihar And ORS

2015-09-10Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19822 of 2013 ====================================================== Sadanand Jha, S/O Late Udit Narayan Jha, R/o Village- Balni Mehath, P.S. Bhairav Asthan, District- Madhubani .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna

2. The District Magistrate, Madhubani

3. The Sub-Divisional Officer Cum Licensee Authority, Jhanjharpur, Distt.- Madhubani

4. The Block Supply Officer, Block- Jhanjharpur, Distt- Madhubani

5. The Prakhand Pramukh, Jhanjharpur, Distt- Madhubani .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-06 : Mr. AC to AAG-6 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 17.06.2013 passed by the Sub-Divisional Officer, Jhanjharpur, Madhubani.

The petitioner is a P.D.S. licensee, bearing license no. 09 of 2007.

Earlier license of the petitioner was cancelled against which he moved before the appellate authority and the appellate authority set aside the order of cancellation on the ground that no opportunity of hearing was given.

The petitioner submits that again without providing

Patna High Court CWJC No.19822 of 2013 (2) dt.10-09-2015 2 / 2 an opportunity of hearing the Sub-Divisional Officer has passed the impugned order cancelling his license.

As the order has been passed without hearing the petitioner, the same is set aside. The petitioner should appear before the licensing authority within three weeks from today and explain his case. Upon such appearance of the petitioner, the licensing authority would fix a date for hearing in the matter and thereafter would proceed to decide the matter in accordance with law within four months.

Pending disposal by the licensing authority, there would be no resumption of supply by the respondents to the petitioner's shop.

This application stands disposed of.

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