Patna High CourtCWJC/9476/2017allowed

Anil Kumar Keshari And ANR v. The State Of Bihar And ORS

2017-08-16Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9476 of 2017 ======================================================

1. Anil Kumar Keshari, Son of Late Sitaram Keshari, P.D.S. dealer, Sahari, Mohalla, Housing Colony LIne, P.S. Ara Nawada, DistrictBhojpur, Ara.

2. Najir Prasad, son of Sri Ram Bachan Raiu, P.D.S. Dealer, Ward No.42, Sahari Mohalla Anaith, P.S. Nawada, District Bhojpur .... .... Petitioner/s

Versus

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

2. The District Manager, Ara.

3. The Sub-Divisional Officer, Sadar Ara, District-Ara

4. The Block Supply Officer,Sadar Ara, District-Ara .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar Jha For the State : Mr. Arvind Ujjwal-SC4 : Mr. Maruth Nath Roy, AC to SC4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-08-2017 Heard learned counsel for the petitionerd and learned counsel for the State.

Present petition is only confined to petitioner no.2, Najir Prasad. Learned counsel for the petitioner submits that he has already filed court fee with regard to both petitioners. If petitioner files a fresh application the court fee filed in the present writ petition will be treated to be court fee. In the present case, petitioners are challenging the order dated 11.2.2017 passed by the Sub Divisional Officer, Sadar Ara by which licence no. 33 of 2007 with regard to Najir

Patna High Court CWJC No.9476 of 2017 (2) dt.16-08-2017 Prasad has been cancelled.

For certain misdemeanor petitioner was served show cause notice and which was replied by the petitioner. The Sub Divisional Officer, Sadar Ara vide order dated 11.2.2017 has passed a cryptic order and thereby he has cancelled licence no. 33 of 2007 with regard to petitioner, Najir Prasad. In such view of the matter, the impugned order dated 11.2.2017 with regard to Licence no.33 of 2007 is set aside and matter is remanded back to the Sub Divisional Officer, Sadar Ara who will be obliged to look into the matter and pass a fresh reasoned order in accordance with law.

With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U