Ram Chandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13576 of 2019 ====================================================== Ram Chandra Prasad S/o Bhatu Saw Vill.- Surhi, P.s.- Islampur, Distt.- Nalanda ... ... Petitioner/s

Versus

1.

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

The District Magistrate Nalanda 3.

The District Supply Officer Nalanda 4.

The SDO Hilsa, Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand For the Respondent/s :

Mr. Anisul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 02-02-2023 Heard Mr. Vijay Anand, the learned counsel for the petitioner and Mr. Anisul Haque, the learned counsel for the State.

The license of the petitioner was cancelled which was challenged by him before this Court vide C.W.J.C. No.

Patna High Court CWJC No.13576 of 2019(2) dt.02-02-2023 2/3 2743 of 2017 when the matter was remitted to the Licensing Authority again for writing out a fresh order in accordance with law.

Thereafter, the license of the petitioner was again cancelled against which the petitioner has preferred the present writ petition.

The contention of the petitioner is that the grounds taken by him in his show cause reply has not at all been adverted to.

However, from the order impugned, we find that the reasons have been recorded for rejecting the prayer of the petitioner and cancelling his license. That apart, the petitioner has not exhausted the statutory remedy of appeal.

For the aforenoted two reasons, we are not inclined to entertain this petition.

The petition is dismissed but with the observation that in case an appeal is filed, it shall be taken up by the Appellate Authority and after affording all opportunity to the petitioner to present his cause, a final order shall be

Patna High Court CWJC No.13576 of 2019(2) dt.02-02-2023 3/3 passed within a period of 60 days from the date of acceptance of such an appeal by the Appellate Authority. The petition stands disposed off accordingly. (Ashutosh Kumar, J) ( Satyavrat Verma, J) sharun/- U