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Patna High CourtCWJC/20471/2021disposed

Rudra Kant Choudhary Alias Rudrkant Choudhary 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.20471 of 2021 ====================================================== Rudra Kant Choudhary alias Rudrkant Choudhary, S/o Late Dinanath Choudhary, Resident of Village Sanhauli, Post- Beri, P.S.- Kusheshwarsthan, District- Darbhanga, Pin- 848213.

... ... Petitioner/s

Versus

1.

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

2.

Additional Secretary, Food and Consumer Protection Department, Bihar, Patna.

3.

The Collector, Darbhanga.

4.

The Licensing Officer-cum- Sub- Divisional Officer, Biraul, Darbhanga. 5.

The Block Supply Officer, Kusheshwarsthan, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushalesh Choudhary, 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 The impugned order dated 23.09.2020 passed by Respondent No. 4 namely, the Licensing Officer-cum- SubDivisional Officer, Biraul, Darbhanga 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 23.09.2020, passed by Respondent No. 4 namely, the Licensing Officercum- Sub- Divisional Officer, Biraul, Darbhanga cancelling P.D.S. Licence No. 36 of 2016 of the petitioner, is quashed and set aside, with liberty to the petitioner to approach Respondent

3/4 No. 4 afresh.

Petition is disposed of in the following terms: (a) The petitioner shall make himself available before the Licensing Officer-cum- Sub- Divisional Officer, Biraul, Darbhanga 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;

(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

4/4 disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE Na Uploading Date 14.02.2022 Transmission Date NA