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Patna High CourtCWJC/19896/2021disposed

Sarswati Devi v. The State Of Bihar

2022-02-03The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19896 of 2021 ====================================================== Sarswati Devi, Wife of Mohan Das, Resident of Village/Moh.-New Godown, Lal Babu Road Pahshi, Ward No. -8, Gaya Town, Police Station-Kotwali, District-Gaya.

... ... 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, Town Block, Dist.-Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar, Advocate 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 by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) Date : 03-02-2022

2/4 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). The impugned order dated 14.08.21 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

3/4 mentioned in the petition, the impugned order dated 14.08.21 passed by Respondent No. 3, namely, the Sub-Divisional Officer, Sadar Gaya cancelling P.D.S. Licence No. 15/16 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 24.02.2022; (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;

(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.

4/4 Interlocutory application, if any, shall also stand disposed of.

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