Patna High CourtCWJC/1401/2015disposed

Binod Paswan v. The State Of Bihar And ORS

2017-10-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1401 of 2015 ======================================================

1. Binod Paswan son of Ram Lagan Paswan resident of Village- Bineyaka , P.S. - Sherghati, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector , Gaya.

3. The SDO, Sherghati, Gaya.

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

For the Petitioner/s : Mr. Vijay Anand For the State : Mr. Gautam Kumar Yadav, AC to GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is challenging the order dated 10.3.2012 passed by the Sub Divisional Officer, Sherghati by which his licence has been cancelled. Against that petitioner has moved before this Court and this Court has directed the petitioner to file an appeal which the petitioner has done and against that the District Magistrate, Gaya has passed the order in Supply Appeal No.38 of 2013 reiterating the same finding as that of S.D.O. He has submitted that neither the material fact has noit been taken into consideration nor the Sub Divisional Officer has decided the issue with respect to non-supply of enquiry report.

Patna High Court CWJC No.1401 of 2015 (3) dt.30-10-2017 In such view of the matter, petitioner, if so advised, may file revision before the revisional authority within a period of 30 days from today and the revisional authority will be obliged to consider the fact and also examine the issue with respect to non-supply of enquiry report. If the petitioner files revision petition before the revisional authority, the revisional authority will be obliged to pass a reasoned order in accordance with law within a period of three months from the date of filing of revision petition.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U