Samshul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8752 of 2022 ====================================================== Samshul Haque Son of Md. Rafique, Resident of Narhan, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Samastipur.

3.

The Sub Divisional Officer Rosera (Samastipur). 4.

The District Supply Officer Samastipur.

5.

The Block Supply Officer Bibhutipur, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr.Mirityunjay Kumar, Adv.

Mr. Kumar Rajdeep,Adv.

Mr. Arvind Kumar, Adv.

For the Respondent/s :

Mr.S. Raza Ahmad (AAG 5) Mr. Upendra Pratap Singh, Adv.

====================================================== 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 Mr. N. K. Agrawal, the learned Senior advocate for the petitioner and Mr. Upendra Pratap Singh, the learned counsel for the State.

The petitioner has challenged the order of cancellation by the Licensing Authority as also its affirmation in appeal by the Appellate Authority.

The sole ground raised on behalf of the petitioner is that the grounds of defense of the petitioner have not been

Patna High Court CWJC No.8752 of 2022(2) dt.02-11-2022 2/2 adverted to while passing the order by the Licensing Authority, which fact has also not been taken into account by the Appellate Authority.

Be that as it may, since the petitioner has not exhausted his remedy of revision, we are not inclined to entertain this petition. However, we direct that in case the petitioner files a revision petition before the concerned authority within a period of 30 days, that shall be taken into account and after hearing all the stakeholders, a final order has been passed within a period of 60 days, giving reasons in support of the decision taken by the Revisional Authority.

The order so passed by the authority shall be made available to the petitioner forthwith.

The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) ( Nawneet Kumar Pandey, J) Mahesh/Sunil U