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Patna High CourtCWJC/20486/2021allowed

Hem Narayan Jha v. The State Of Bihar

2022-02-10The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20486 of 2021 ====================================================== Hem Narayan Jha, Son of Late Krishna Chandra Jha, Resident of Village - Bankatta, P.O. - Benipatti, P.S. Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Madhubani.

3.

The District Supply Officer, Magistrate, Madhubani. 4.

The Sub Divisional Officer, Benipatti Sub - Division, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Prakash Sharma, 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 through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 10-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

2/4

3/4 The impugned order dated 28.04.2021 passed by Respondent No. 4, namely, the Sub Divisional Officer, Benipatti Sub - Division, District- Madhubani is a cryptic and nonspeaking 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 28.04.2021, passed by Respondent No. 4, namely, the Sub Divisional Officer, Benipatti Sub - Division, District- Madhubani cancelling P.D.S. Licence No. 110/2016 of the petitioner, is quashed and set aside, with liberty to the petitioner to approach Respondent No. 4 afresh.

Petition is disposed of in the following terms: (a) The petitioner shall make himself available before the Sub Divisional Officer, Benipatti Sub - Division, DistrictMadhubani on 25.02.2022; (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;

4/4 (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) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.02.2022 Transmission Date NA