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Patna High CourtCWJC/15833/2019allowed

Ravindra Singh v. The State Of Bihar

2020-01-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15833 of 2019 ====================================================== Ravindra Singh S/o Ramawatar Singh Vill.- Kaji Bigha, P.s.- Nadriganj, Distt.- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna 2.

The District Magistrate Nawada 3.

The Sub Divisional Officer Nawada Sadar 4.

The Block Supply Officer Nawada Sadar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Chaturvedi, Advocate For the Respondent/s :

Mr. Arvind Ujjwal (SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 16-01-2020 The petitioner has challenged the order dated 01.07.2019 passed by the Sub-Divisional Officer, Nawada (Sadar) whereby the license of the petitioner to run the PDS shop has been cancelled.

Learned counsel for the petitioner has submitted that the order only reflects the report of the inspection but does not take into account the response of the petitioner to the show cause notice issued to him.

The order therefore is definitely lopsided and cannot be sustained in the eyes of law.

For this flaw in the order, the same is set aside. The matter is remitted to the Sub-Divisional Officer, Nawada (Sadar) to pass a fresh order in

Patna High Court CWJC No.15833 of 2019 dt.16-01-2020 2/2 accordance with law. In order to facilitate and expedite this process, the petitioner is directed to bring a copy of this order to the notice of the Sub-Divisional Officer, Nawada (Sadar) within a period of three weeks. The petitioner in that event shall be allowed to furnish his show cause reply afresh and in case of necessity, he be also given an opportunity of hearing. Thereafter a reasoned order shall be passed by the Sub-Divisional Officer, Nawada (Sadar) within a period of six weeks thereafter. The order shall be communicated to the petitioner forthwith.

With the aforesaid direction/observation, the writ petition is allowed.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.01.2020 Transmission Date