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Patna High CourtCWJC/19533/2021disposed

Md. Muslim @ Md. Muslim Miyan 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.19533 of 2021 ====================================================== Md. Muslim @ Md. Muslim Miyan S/o Najir Miyan R/o Village- Basura, P.S.- Imamganj, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Food and Consumer Protection, Bihar, Patna.

2.

The District Magistrate Gaya.

3.

The Sub Divisional Officer Sherghati, Gaya.

4.

The District Supply Officer Gaya.

5.

The Assistant Supply Officer Sherghati (Gaya). 6.

The Block Supply Officer Sherghati, Gaya.

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Respondent/s :

Mr.S. Raza Ahmad (Aag5) ====================================================== 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 following reliefs:-

Patna High Court CWJC No.19533 of 2021 dt.01-02-2022 2/3 The impugned order dated 18.01.2020 passed by Respondent No. 3, namely, the Sub-Divisional Officer, Sherghati (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 18.01.2020 passed by Respondent No. 3, namely, the Sub-Divisional Officer, Sherghati (Gaya) cancelling P.D.S. Licence No. 32/2016 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 18.02.2022; (b) On the said date, the entire material shall be

Patna High Court CWJC No.19533 of 2021 dt.01-02-2022 3/3 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;

(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