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Patna High CourtCWJC/14885/2019disposed

Awadhesh Sharma v. The State Of Bihar

2019-07-27Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14885 of 2019 ====================================================== Awadhesh Sharma Son of Late Kedar Nath Singh Resident of Village-Bela Tarari, Naubatpur, P.S.-Naubatpur, District-Patna-801109 (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The State of Bihar through District Magistrate, Patna 3.

The Sub Divisional Officer Danapur, Patna 4.

The Block Supply Officer Naubatpur, District-Patna 5.

The Additional District Magistrate Supply, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Apurva Kumar, Advocate For the Respondent/s :

Mr. AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

Learned counsel for the petitioner submits that in the order dated 07.07.2018 as contained in Annexure '2' there is no finding that the petitioner had either been arrested or gone fugitive. He has relied upon a judgment of this Court passed on 06.03.2019 in C.W.J.C. No. 24130 of 2018 and it's analogous cases (Laxman Jha @ Lakshman Jha Vs. The State of Bihar & Ors.) in which this Court has held that in absence of any finding to that effect the condition contained in Clause 28 (iii) of the Bihar Targeted P.D.S. (Control) Order, 2016 is not satisfied, it will render an order of suspension illegal. In view of the

Patna High Court CWJC No.14885 of 2019(2) dt.27-07-2019 2/2 aforesaid judgment, the order dated 07.07.2018 suspending the PDS Shop license of the petitioner is liable to be held illegal. Learned counsel for the State submits that in the given facts and circumstances the matter may be remitted to the Sub-Divisional Officer (East), Muzaffarpur for a fresh consideration.

In the given facts and circumstances of the case, the order dated 07.07.2018 as contained in Annexure '2' to the writ application is hereby set aside and the matter is remitted to the Sub-Divisional Officer, Danapur, Patna (respondent no. '2') for a fresh consideration within a period of 90 days from the date of receipt/production of a copy of this order.

In the meantime the license and supply of the petitioner shall stand restored.

(Rajeev Ranjan Prasad, J) avin/- U