Shiv Shankar Kumar, v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24902 of 2019 ====================================================== Shiv Shankar Kumar, Son of Rambali Rai, Resident of Village- Laxmipur, P.O.- Naranga Prakhand Parihar, Police Station- Naranga, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar. Bihar.

2.

The District Magistrate, Sitamarhi.

3.

The Sub Divisional Officer, Sitamarhi Sadar.

4.

The Marketing Supply Officer, Prakhand Parihar, District- Sitamarhi. 5.

Rajesh Kumar, Son of Ram Babu Baitha, Resident of Village- Maliawari Prakhand Panchayat Naranga Prakhand Parihar, Naranga, DistrictSitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pratyush Kumar, Adv For the Respondent/s :

Mr. Alok Ranjan, Ac to Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 12-01-2023 Heard Mr. Pratyush Kumar, the learned counsel for the petitioner and Mr. Alok Ranjan, the learned counsel for the State.

The license of the petitioner has been cancelled by order dated 24.08.2019.

Normally, we would not have entertained this petition as the petitioner has not availed of his statutory remedy of appeal against the order of cancellation of his license but on perusal of the order of cancellation, it appears

Patna High Court CWJC No.24902 of 2019(6) dt.12-01-2023 2/2 that no reason has been assigned for cancelling the license of the petitioner.

All that has been stated in the order is that the explanation offered by the petitioner is unsatisfactory. For the order to be absolutely non-speaking, we do not hold it sustainable in the eyes of law and therefore, we set aside the same.

The matter is remitted to the Licensing Authority, who after adverting to the reply filed by the petitioner, shall pass a fresh order in accordance with law, within a period of 60 days from the date of receipt/ production of a copy of this order.

The order so passed by the Licensing Authority shall contain reasons in support of the decision taken by him and shall be made available to the petitioner forthwith. The petition stands disposed of accordingly.

(Ashutosh Kumar, J) ( Satyavrat Verma, J) sharun/sunilU