Patna High CourtCWJC/3900/2017allowed

Maheshi Paswan v. The State Of Bihar And ORS

2017-04-21Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3900 of 2017 =========================================================== Maheshi Paswan, Son of late Gokhul Paswan, Resident of Village- Bhadiyam, P.S. Nanpur, District- Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Food & Civil Supplies, Government of Bihar, Patna.

2. The District Magistrate, Sitamarhi.

3. The District Supply Officer, Sitamarhi.

4. The Sub-Divisional Officer, Pupri, District- Sitamarhi.

5. The Block Development Officer, Nanpur, District- Sitamarhi.

6. The Block Supply officer, Nanpur, District- Sitamarhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Amrit Abhijat, Adv. Mr. Manoj Kumar Gupta, Adv.

For the Respondent/s : Mr. Alok Ranjan, A.C. to G.A.-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 21-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order dated 31.01.2017 passed by the Sub-Divisional Officer, Pupri, Sitamarhi, whereby and whereunder he has cancelled the P.D.S. licence of the petitioner by a cryptic order. On perusal of the order of the Sub-Divisional Officer, it appears that he has not applied his judicial mind and

Patna High Court CWJC No.3900 of 2017 dt.21-04-2017 2/2 merely in four lines he has passed the order of cancellation of licence.

In such view of the matter, the order of the SubDivisional Officer cannot sustain. Accordingly, the order dated 31.01.2017 passed by the Sub-Divisional Officer, Pupri, Sitamarhi is quashed. The matter is remanded back to the SubDivisional Officer, Pupri, Sitimarhi to pass reasoned order considering the objection filed by the petitioner. With the aforesaid observations and directions, this writ application is allowed.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 26.04.2017 Transmission Date N/A.