Patna High CourtCWJC/16316/2013allowed

Ganesh Mishra v. The State Of Bihar And ORS

2015-09-11Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.16316 of 2013 (2) dt.11-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16316 of 2013 ======================================================

1. Ganesh Mishra S/O Late Nawal Kishore Mishra Resident Of Village - Purushottampur, P.S. Maniyari, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector Muzaffarpur

2. The Commissioner, Tirhut Division, Muzaffarpur

3. The Collector, Muzaffarpur

4. The Sub - Divisional Officer, West, Muzaffarpur

5. The District Supply Officer, Muzaffarpur

6. The Block Supply Officer Kurhani Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Respondent/s : Mr. Pawan Kr. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-09-2015 The petitioner along with others moved the revisional authority as the impugned order was passed on the recommendation of the District Selection Committee. The Commissioner held the revision application not to be maintainable.

The petitioner submits that the licensing authority erred in inflicting punishment for cancellation of licence after inflicting punishment of suspension. He submits that some of the persons whose case is similar to that of the petitioner moved this Court in C.W.J.C. No.3537 of 2013 and other analogous cases and in C.W.J.C. No.7976 of 2013 challenging the order on the ground

Patna High Court CWJC No.16316 of 2013 (2) dt.11-09-2015 that both punishment of suspension and cancellation of licence cannot be awarded one after another. This Court by order dated 12.3.2013 (Annexure-6) and 26.7.2013(Annexure-6/1) allowed the writ applications.

In this view of the matter, this writ application too is allowed in terms of the order dated 12.3.2013 passed in C.W.J.C. No.3537 of 2013 and analogous cases (Annexure-6) and order dated 26.7.2013 passed in C.W.J.C. No.7976 of 2013(Annexure6/1). (Samarendra Pratap Singh, J) KHAN/- U