Madneshwar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20536 of 2013 ====================================================== Madneshwar Jha, Son of Late Nageshwar Jha, Resident of Village- Banailli, P.S- Kasba, District- Purnia .... .... Petitioner

Versus

1. The State of Bihar through the Commissioner, Purnea

2. The Commissioner, Purnea

3. The District Magistrate Cum Collector, Purnia

4. The Sub-Divisional Officer, Sadar, Purnia

5. The District Supply Officer, Purnia

6. The Block Supply Inspector, Banailli, Purnia .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate : Mr. D. N. Tewari, Advocate : Mr. Sanjeev Sharan, Advocate For the Respondent/s : Mr. Manoj Kumar, AC to GA-10 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner and the State. The petitioner prays for setting aside the 05.02.2007, passed by the licensing authority, which has been upheld up to the Revisional authority.

The petitioner submits that the proposed show-cause itself was defective. He submits that the show-cause is required to state the proposed punishment sought to be inflicted. I find substance in the submission of the petitioner. The show-cause does not reflect punishment sought to be inflicted. In the result, the writ application succeeds on this point alone. The orders passed by the three authorities are set

Patna High Court CWJC No.20536 of 2013 (2) dt.10-09-2015 2 / 2 aside.

This application stands allowed.

(Samarendra Pratap Singh, J.) Uday/- U