Ranjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8866 of 2020 ====================================================== Ranjeet Paswan S/o Jawahar Paswan Resident of Village- Harnahiya, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

1.

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

The Sub-Divisional Officer, Barh, Patna.

3.

The Block Supply Officer, Bakhtiyarpur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Adv.

For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 21-09-2022 Heard Mr. Vijay Anand, learned counsel for the petitioner and counsel for the State.

The license of the petitioner has been cancelled by order dated 30.12.2019.

The learned counsel for the petitioner submits that no good ground has been given in the order whereby any justification can be derived for not accepting the explanation offered by the petitioner against the show-cause notice.

We find that no ground has been given in the order for rejecting the explanation offered by the petitioner. For such reason,

Patna High Court CWJC No.8866 of 2020 dt.21-09-2022 2/2 we hold the order cancelling the license of the petitioner to be nonspeaking and we therefore set aside the same. The matter is remitted to the licensing authority to pass a fresh order in accordance with law within a period of sixty days from the date of receipt/production of a copy of this judgment. Needless to state that the petitioner shall be given reasonable opportunity of presenting his case and the grounds urged by him shall be taken into account before passing a final order.

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

With the aforesaid observation/direction, the petition stands disposed of.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.09.2022 Transmission Date