Md. Moajjam Ansari v. The State Of Bihar And ORS

Patna High Court CWJC No.8075 of 2013 (5) dt.27-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8075 of 2013 ====================================================== Md. Moajjam Ansari S/O Md. Masnoon Resident Of Village And P.OChak Hamid, P.S- Bakhari, District- Begusarai. .... .... Petitioner

Versus

1. The State Of Bihar Through The Secretary, Food And Consumer Protection Department, Old Secretariat, Patna.

2. The Sub- Divisional Officer, Bakhari, District- Begusarai. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Kr.Labh, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-08-2015 The petitioner seeks quashing of the order dated 14.3.2011 and order dated 2.3.2012 by which his licence has been suspended and then cancelled in view of institution of FIR. Learned counsel for the petitioner submits that after 23.6.2011 amendments, a license cannot be cancelled on the ground of institution of FIR. He further submits that suspension and cancellation of license are two separate punishments and both cannot be inflicted.

Plea of the petitioner is well covered by several decisions of this Court. In the result, the impugned orders suspending and cancelling petitioner's license are set aside with liberty to the respondents to proceed afresh.

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