Lalit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9862 of 2020 ====================================================== Lalit Kumar Jha Son of Guna Nand Jha, Resident of Muhalla - Lohiya Nagar, P.S. and District - Begusarai.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Begusarai.

3.

The Sub-Divisional Officer, Teghra, District - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 29-11-2021 A bare perusal of the impugned order contained in memo dated 16.7.2020 passed by the Sub-Divisional Officer, Teghra, shows that it contains no reasons for cancelling the PDS license and rejecting the reply submitted by the petitioner to the show cause notice. Apart from being non-speaking in nature, the order suffers from non-application of mind.

We thus propose to remit the matter back to the same authority for decision afresh. This proposal is not opposed by the learned counsel representing the Respondent. Under the circumstances, the impugned order

Patna High Court CWJC No.9862 of 2020(2) dt.29-11-2021 2/2 contained in memo dated 16.7.2020 is hereby set aside and the matter is remitted to the same authority for decision afresh at the earliest in any case not later than eight weeks. (Rajan Gupta, J) ( Mohit Kumar Shah, J) Tiwary/-Ajay/- U