Patna High CourtCWJC/7463/2015disposed

Sushil Kumar Jha v. The State Of Bihar And ORS

2016-10-25Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7463 of 2015 =================================================== Sushil Kumar Jha. Son of Late Baidyanath Jha. Resident of Village - Ratanpura, P.O.- Ratanpur Bela, P.S.- Samastipur, District - Samastipur. ` .... .... Petitioner.

Versus

1. The State of Bihar through the Secretary of Food and Civil Supply Department, Bihar, Patna.

2. The District Magistrate, Samastipur.

3. The Sub Divisional Officer, Samastipur.

4. The Assistant District Supply Officer, Samastipur.

5. The Block Supply Officer, Samastipur. .... .... Respondents. =================================================== Appearance :

For the Petitioner/s : Mr. Om Prakash Upadhyay, Adv. For the Respondent/s : Mr. Arvind Ujjwal, SC4, : Mr. Maruth N. Roy, AC to SC-4.

=================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 25-10-2016 Heard learned counsel for the petitioner and the State. The licence of the petitioner bearing Licence No. 36/2007 has been cancelled vide order dated 18.02.2015 by the District Magistrate, Samastipur in case No. 98 of 2013, a copy of which is appended as Annexure-2, by which he has affirmed the order dated 19.09.2013 passed by the Sub-divisional Officer, Samastipur in Case No. 31 of 2003, a copy of which is appended as Annexure-3.

The allegation against the petitioner stands recorded in the charge memo issued by the Licensing Authority dated

Patna High Court CWJC No.7463 of 2015 dt.25-10-2016 19.09.2013 placed at Anneure-2 stating that the petitioner had retained the coupons of one year. He allegedly had distributed the ration for one month only. There is no other charge. It is contended that the allegation made against this petitioner is similar to one Surendra Mahto, however, a Coordinate Bench of this Court in case of the aforesaid Surendra Mahto has set aside such orders passed by the appellate authority and licensing authority vide judgment dated 20.04.2015 rendered in CWJC No. 850 of 2015 and, as such, this writ application may also be disposed of on identical terms.

Accordingly, this writ application stands disposed of in terms of the judgment dated 20.04.2015 rendered in CWJC No. 850 of 2015 and, the impugned orders as contained in Annexure 2 & 3 are set aside.

Vikash/- (Dr. Ravi Ranjan, J.) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 01.11.2016 Transmission Date N.A.