Patna High CourtCWJC/12556/2013allowed

Kameshwar Ram v. The State Of Bihar And ORS

2015-08-20Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12556 of 2013 ====================================================== Kameshwar Ram Son Of Sri Shivlal Ram Resident Of Village - Bhagirathpur, P.O. - Navrang, P.S. - Kalyanpur, District - Samastipur .... .... Petitioner

Versus

1. The State Of Bihar Through The Secretary Food And Consumer Protection Department, Old Secretariat, Patna

2. The Collector, Samastipur, District - Samastipur

3. The Sub-Divisional Officer, Samastipur, District - Samastipur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. R.K.Labh, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 20-08-2015 The petitioner prays for setting aside order dated 9.7.2012, passed by respondent no.3 as well as order dated 9.4.2013, passed by respondent no.2 in Case no. 48 of 2012 on account of allegations made against him.

The petitioner submits that the licensing officer (respondent no.2) has passed order on basis of report of the Supply Inspector without applying his judicious mind which order has also been affirmed by respondent no.2. I find substance in the submission of the petitioner. Impugned orders are set aside. The writ petition is allowed and the matter is remanded to respondent no 3 to take a fresh decision on the issue without prejudice. No supply would be resumed to the petitioner till

Patna High Court CWJC No.12556 of 2013 (3) dt.20-08-2015 2/2 decision afresh is taken by respondent no.3.

(Samarendra Pratap Singh, J) Shashi.