Patna High CourtCWJC/10040/2016disposed

Yadunandan Sao v. The State Of Bihar And ORS

2016-08-04Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10040 of 2016 =========================================================== Yadunandan Sao, son of late Chamari Sao, resident of village- Silaunja, Police Station- Bodh Gaya, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretarym Department of Food and Consumers Protection, Government of Bihar, Patna.

2. The District Magistrate, Gaya.

3. The Sub-Divisional Officer, Sadar Gaya, District- Gaya.

4. The Senior Deputy Collector, Sadar Gaya, District- Gaya.

5. The Block Supply Officer, Bodh Gaya, Dist.- Gaya. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Adv. For the State : Mr. Deepak Kumar, SC-5 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 04-08-2016 Heard parties.

The sole issue raised in the writ petition is that the show cause notice is vague and does not indicate that it was issued for cancellation of licence.

It is contended that this issue is no longer res integra having been considered and decided several times by this Court. A reference is made in this regard to an unreported decision rendered in CWJC No.7431/2016 dated 29.06.2016 (Vijendra Prasad Vs. The State of Bihar and Ors.).

Accordingly, this writ application stands allowed in terms thereof. The order impugned dated 29.4.2016 passed by the Sub-

Patna High Court CWJC No.10040 of 2016 dt.04-08-2016 2/2 Divisional Officer-cum-Licensing Authority, Sadar, Gaya, as contained in Annexure-3, is quashed and set aside. As a consequence thereof, the licence of the petitioner stands restored. However, it is made cleat that the licensing authority, if so desires, would be at liberty to initiate a fresh proceeding against the petitioner for irregularities, if any, committed by him. (Dr. Ravi Ranjan, J) S.Ali/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08/08/2016 Transmission Date N/A.