Bevi Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL WRIT JURISDICTION CASE NO. 15552 of 2021 Bevi Devi wife of Paritosh Kumar Jha, resident of villageThengha, Ward No. 10, Police Station Sakatpur and District Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supply, Government of Bihar, Patna.

2. The District Magistrate, Darbhanga.

3. The District Supply Officer, Darbhanga.

4. The Licensing Officer-cum- Sub-Divisional Officer, Sadar, Darbhanga.

5. The Block Supply Officer, Tardih Block, Darbhanga.

6. The Block Development Officer- cum- Circle Officer, Tardih, Darbhanga.

... ... Respondent/s ===================================== Appearance:

For the Petitioner/s : Mr. Manish Kumar No. 2, Advocate For the Respondent/s : Mr. Alok Ranjan, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic,

requiring social distancing.

The present writ petition has been filed for quashing the order dated 06.08.2021 passed by the Licensing Officercum- Sub-Divisional Officer, Sadar, Darbhanga whereby and where under the PDS license of the petitioner bearing License No. 12 of 2018 has been cancelled.

The short issue raised by the petitioner for consideration is that the impugned order dated 06.08.2021 has been passed on the basis of the opinion and recommendation of the Block Supply Officer, Tardih Block regarding cancellation of the license of the petitioner, hence admittedly, the Licensing Officer-cum-Sub-Divisional Officer, Sadar, Darbhanga has not applied his independent mind, thus the impugned order dated 06.08.2021 is bad in law. The learned counsel for the Respondent State, Shri Alok Kumar, AC to AAG-9, does not dispute the position as is existing in law.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties, this Court finds that admittedly the impugned order dated 06.08.2021 smacks of nonapplication of independent mind in as much as the same is based on the recommendation of the Block Supply Officer,

Tardih Block, Darbhanga, regarding cancellation of the license of the petitioner, hence, the impugned order dated 06.08.2021 is bad in law, thus is quashed, however, the matter is remanded back to the Licensing Officer-cum- SubDivisional Officer, Sadar, Darbhanga to proceed afresh in accordance with law.

The writ petition stands allowed.

(Mohit Kumar Shah, J) Tiwary/-