Dhanji Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13560 of 2019 ====================================================== Dhanji Ram Son of Subhag Ram, Resident of Village Baghda Tola, Kurmuri, P.S. Sikrahatta, District- Bhojpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Divisional Commissioner, Bhojpur Ara. 2.
The Divisional Commissioner Bhojpur Ara.
3.
The District Magistrate, Bhojpur Ara.
4.
The Sub Divisional Officer Piro, Bhojpur Ara. 5.
The District Supply Officer Bhojpur Ara.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Mishra For the Respondent/s :
Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-07-2019 Learned counsel for the petitioner and the State are present.
It is submitted that the case is covered by the order passed by this Court on 14.12.2018 in C.W.J.C. No. 23004 of 2018. Learned counsel submits that in this case license of the petitioner has been cancelled only on the ground that one FIR has been lodged against the petitioner.
Learned counsel for the State does not dispute the factual position submitted by the learned counsel for the petitioner.
In the given facts and circumstances of the case, since the license of the petitioner has been cancelled only on the
Patna High Court CWJC No.13560 of 2019(2) dt.08-07-2019 2/2 ground that one FIR has been lodged and without giving any opportunity to show cause, the impugned order as contained in Memo No. 314 dated 31.07.2018 is hereby set aside. The matter is remitted to the Sub-Divisional Officer, Piro, Bhojpur who may proceed afresh if so advised by issuing a show cause notice to the petitioner and in accordance with law. Since the impugned order has been set aside, the license of the petitioner stands restored.
The writ application stands allowed.
(Rajeev Ranjan Prasad, J) ved/vats U