Patna High CourtCWJC/13038/2013disposed

Shashi Bhushan Singh v. The State Of Bihar And ORS

2015-09-14Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13038 of 2013 ====================================================== Shashi Bhushan Singh, Son of Late Ramdeo Singh, Resident of Village Aurai, Panchayat Sarhanchiya, Block- Aurai, District Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food and Civil Supply Department, Old Secretariat, Patna

2. The Secretary, Food & Civil Supply Department, Old Secretariat, Patna

3. The District Magistrate, Muzaffarpur

4. The Sub-Divisional Magistrate, Muzaffarpur

5. The Block Supply Officer, Aurai, Muzaffarpur

6. District Supply Officer, Muzaffarpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar For the Respondent/s : Mr. Vinay Kriti Singh ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-09-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 13.07.2011 passed by the Sub-Divisional Officer, Muzaffarpur by which the license of the petitioner has been cancelled. The petitioner submits that he was given only two days time to file show-cause reply. He next submits that the enquiry report was not given to him. He nonetheless has filed his show-cause reply on 13.07.2011.

The copy of the enquiry report has been brought on record by way of Annexure-A to the counter affidavit. Counsel for the State submits that the petitioner has an alternative remedy of appeal. He submits that the writ application has been filed after

Patna High Court CWJC No.13038 of 2013 (5) dt.14-09-2015 2 / 2 two years. Besides this, there are grave allegations against the petitioner.

Having regard to the facts of the case, the petitioner is given one opportunity to produce his stock and distribution register before the licensing authority within four weeks from today. Thereafter the licensing authority would proceed to dispose of the matter in accordance with law. The impugned order cancelling the license of the petitioner is set aside but there would be no resumption of supply of trade articles. If the petitioner does not file show-cause reply and appear within four weeks from today, the licensing authority would be within its right to pass appropriate order. This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U