Anjala Khatoon @ Anjala Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8724 of 2022 ====================================================== Anjala Khatoon @ Anjala Khatun Wife of Shamshul Hoda @ Jagga Resident of Village- Chandwar Kolha, P.S.- Angarh, District- Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Food and Civil Supplies, Government of Bihar, Patna.

2.

The Principal Secretary, Food and Civil Supply, Bihar, Patna. 3.

The Divisional Commissioner Purnia.

4.

The Collector Purnia.

5.

The District Supply Officer Purnia.

6.

The Sub- Divisional Officer Baisi, Purnia.

7.

The Block Supply Officer Basa, Purnia.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan For the Respondent/s :

Mr. Upendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 02-11-2022 Heard learned counsel for the parties.

The license of the petitioner has been cancelled which order has been sustained by the Appellate Authority. Mr. Alok Ranjan, the learned Advocate for the petitioner submits that pursuant to the show cause notice served upon him, he had replied but only after the time frame provided by the Licensing Authority in the notice.

Patna High Court CWJC No.8724 of 2022(3) dt.02-11-2022 2/3 Precisely for this reason, his defence/explanation could not be taken into account and the order of cancellation has been passed.

The petitioner is sanguine that if his grounds are considered, the authorities might re-consider their decision.

We find that the petitioner has given his explanation against the charges which has been levelled against him, which should be taken into account before coming to a final conclusion whether the petitioner deserves to be retained as a licensee under the scheme. For this reason alone, we intend to and set aside the orders passed by the Licensing Authority as also the Appellate Authority and remit the case back to the Licensing Authority to accept the reply offered by the petitioner and only thereafter take a decision by writing a fresh order in accordance with law.

The entire exercise be completed within a period of 60 days from the date of production of a copy of this order along with the explanation of the petitioner against

Patna High Court CWJC No.8724 of 2022(3) dt.02-11-2022 3/3 the charges leveled against him.

The order so passed shall contain reasons and shall be made available to the petitioner forthwith. With the afore-noted observation/direction, the petition stands dispose of.

(Ashutosh Kumar, J) ( Nawneet Kumar Pandey, J) sunilkumar/- U