Ashok Paswan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3010 of 2015 =========================================================== Ashok Paswan Son of Late Ramotar Paswan, Resident of Village- Sukulkhap, Police Station- Gurua, District- Gaya./ .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Government of Bihar, Patna.

2. The Sub- Divisional Officer, Sherghati, District- Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Adv. For the Respondent/s : Mr. Uday Bhan Singh, AC to GP-19 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 01-09-2017 Heard learned counsel for the parties.

In this case, the petitioner is challenging the order dated 4.6.2014 contained in Memo No. 246 passed by the S.D.O., Sherghati, Gaya, whereby and whereunder, the license of the petitioner, bearing License No. 289/07, has been cancelled.

The petitioner had a valid license to run P.D.S. shop. As the S.D.O., Sherghati, received complaint that he was not running the P.D.S. shop in proper manner as also is not supplying the kerosene oil, he served a show-cause notice upon the petitioner. The petitioner filed his explanation, the S.D.O., Sherghati, rejected the same and passed order cancelling the license of the P.D.S. shop of the petitioner but, the order is very cryptic, does not disclose reasons.

Patna High Court CWJC No.3010 of 2015 dt.01-09-2017 Accordingly, the order dated 4.6.2014 contained in Memo No. 246 is set aside and the matter is remanded back to the S.D.O., Sherghati, Gaya who will pass a fresh reasoned order in accordance with law.

Accordingly, this application stands allowed. (Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.09.2017 Transmission Date NA