Upendra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14257 of 2012 ====================================================== Upendra Yadav, Son of Late Ram Sunder Yadav, resident of VillageDiwari, P.O.- Kabariya, P.S.- Sadar, District- Darbhanga .... .... Petitioner

Versus

1. The State of Bihar

2. The Collector, Darbhanga

3. The Sub Divisional Officer, Sadar, Distt.- Darbhanga

4. The Block Supply Officer, Darbhanga .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Satyendra Kumar Sriva For the Respondent/s : Mr. Harish Kumar, GA-32 : Mr. AC to GA-32 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-08-2015 The petitioner is a licensee, bearing license no. 84 of 1990, under Public Distribution System for Gram Panchayat Dhoi, District- Darbhanga. He has belatedly assailed the orders dated 28.07.2003 and 23.09.2003, passed by the Sub-Divisional Officer, Sadar, Darbhanga and Collector, Darbhanga respectively cancelling his license.

2. The petitioner submits that no notice was issued to him before cancellation of his license. He further submits that the order passed by the appellate authority is non-speaking order.

3. The State has filed its counter-affidavit. It is stated in the counter affidavit that the petitioner has not responded to the queries made by the licensing authority.

Patna High Court CWJC No.14257 of 2012 (2) dt.04-08-2015 2 / 2

4. I find that the learned Collector, Darbhanga while disposing of the appeal has not given any reason for rejecting the appeal filed by the petitioner. In such circumstances, the matter is remitted to the appellate authority for fresh consideration. The petitioner must appear before the appellate authority within a period of four weeks along with his representation.

5. This application stands disposed of.

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