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Patna High CourtCWJC/19514/2021disposed

Arjun Prasad v. The State Of Bihar

2022-02-01The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19514 of 2021 ====================================================== Arjun Prasad Son of Keshov Yadav Resident of Village- Puraniyabathan, Village Panchayat- Dakchhani Lodhwe, Police Station- Fatehpur, DistrictGaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Consumers Protection, Government of Bihar, Patna. 2.

The District Magistrate, Gaya.

3.

The Sub-Divisional Officer, Sadar Gaya.

4.

The Block Supply Officer, Fatehpur, Dist- Gaya. 5.

The Block Supply Officer, Gurua, Dist- Gaya.

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

For the Petitioner/s :

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

Mr.Arvind Ujjwal (S.C. 4) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 01-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). "That this is an application for issuance of appropriate writ/writs, order/orders and direction/directions to quash the order dated 11.10.2021 contained in memo no. 1010 under signed on 09.10.2021 by the Ld. Sub Divisional Officer, Sadar Gaya by which license No. 17/16 of the petitioner has been cancelled carrying on business under the Public Distribution System as a P.D.S. dealer and for direction upon the respondent No. 3 to continue allocation to the

Patna High Court CWJC No.19514 of 2021 dt.01-02-2022 2/3 Public Distribution System Shop of the petitioner after declaring the cancelation order null and void and/or pass such other order(s) as your Lordships may deem fit and proper under the facts and circumstances of the case."

The impugned order dated 11.10.2021 passed by Respondent No. 3, namely, the Sub-Divisional Officer, Sadar, Gaya is a cryptic and non-speaking order and entails civil consequences as it affects the petitioner's rights. In view of the submissions made and the grounds mentioned in the petition, the impugned order dated 1 11.10.2021 passed by Respondent No. 3, namely, the SubDivisional Officer, Sadar, Gaya cancelling P.D.S. Licence No. 17/16 of the petitioner, is quashed and set aside, with liberty to the petitioner to approach Respondent No. 3 afresh. Petition is disposed of in the following terms: (a) The petitioner shall make himself available before the The Sub-divisional Officer, Sadar, Gaya on 21.02.2022; (b) On the said date, the entire material shall be supplied to the petitioner;

(c) Within two weeks thereafter, petitioner shall file response, complete in all respects;

(d) Petitioner shall fully cooperate and not take any unnecessary adjournment;

Patna High Court CWJC No.19514 of 2021 dt.01-02-2022 3/3 (e) The officer shall pass an order assigning reasons within a period of three months thereafter;

(f) While considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

(g) Liberty reserved to the petitioner to challenge the order, should the need so arise subsequently. The petition is disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date