Badri Kumar Yadav @ Badri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8869 of 2022 ====================================================== Badri Kumar Yadav @ Badri, son of Late Amir Lal Yadav, resident of VillageBaghar, Ward No. 14, P.S. Manihari, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna. 2.

The Collector, Katihar.

3.

The District Supply Officer, Katihar.

4.

The Sub- Divisional Officer, Manihari, District- Katihar. 5.

The Block Supply Officer Amdabad, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K Agarwal, Sr. Adv Mr. Sanjeev Kumar Sing Advocate Mr. Prashant Kumar Adv For the State :

Mr. U.P. Singh (SC4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 22-09-2022 Heard Mr. N. K. Agarwal, learned Senior Advocate for the petitioner and Mr. Upendra Pratap Singh, for the State.

Patna High Court CWJC No.8869 of 2022 dt.22-09-2022 2/3 The licence of the petitioner has been cancelled, which order has been sustained by the Appellate Authority. However, looking at the order passed by the Licensing Authority cancelling the licence of the petitioner, we find that no reason has been assigned for not accepting the explanation offered by the petitioner pursuant to the show cause notice issued to him. Merely indicating in the order that the explanation offered by the petitioner was not found to be satisfactory does not satisfy this Court. The reasons for discarding/not accepting the explanation offered by the petitioner is required to be indicated in brief. Only for the afore-noted reason, we do not find the order passed by the Licensing Authority to be sustainable in the eyes of law.

Since the appellate order is based on the first order of cancellation of licence by the Licensing Authority and which cannot actually restitute the original order, we are constrained to set aside the appellate order as well.

The matter is remitted to the Licensing Authority to write out a fresh order in accordance with law, giving reasons in

Patna High Court CWJC No.8869 of 2022 dt.22-09-2022 3/3 support of the decision within a period of 60 days from the date of receipt/production of a copy of this order. The writ petition stands allowed accordingly. (Ashutosh Kumar, J) ( Jitendra Kumar, J) Skm/uttam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.09.2022 Transmission Date N/A