Sunil Rajak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8613 of 2017 ======================================================

1. Sunil Rajak son of Munna Rajak resident of Jamuaon P.S. Jamuaon, Bhojpur Dist Ara.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Bhojpur, Ara.

3. The Sub Divisional Officer, Sadar Ara, Bhojpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the State : Mr. Upendra Pratap Singh, AC to Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is challenging the order dated 11.5.2017 passed by the Sub Divisional Officer, Sadar, Ara by which he has cancelled his licence vide Licence No.39 of 2007.

A proceeding was initiated against the petitioner on the basis of the report of the Block Supply Officer, Sandesh. The petitioner has given his explanation but instead of dealing with the matter the Sub Divisional Officer by a cryptic order has rejected the objection and cancelled the licence of the petitioner.

While passing the order of cancellation the Sub

Patna High Court CWJC No.8613 of 2017 (2) dt.22-08-2017 Divisional Officer must disclose the reason for arriving to a finding but no such reason has been assigned. Merely he has rejected the show cause and passed the order of cancellation of licence. Cryptic order passed by the authority cannot be approved by this Court.

In such view of the matter, the order dated 11.5.2017 passed by the Sub Divisional Officer, Sadar, Ara is set aside and matter is remanded back to the Sub Divisional Officer to pass a reasoned prier in accordance with law. With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U