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Patna High CourtCWJC/23229/2019disposed

Harendra Prasad v. The State Of Bihar

2020-02-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23229 of 2019 ====================================================== Harendra Prasad S/o Late Nathuni Sah Public Distribution System Dealer Panchayat Kerma Diah, P.S.- Kudhani, Village- Badakpur, P.S. Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Through its Principal Secretary Food and Civil Supply Department, Govt. of Bihar Patna.

2.

The Sub- Divisional Magistrate West Muzaffarpur. 3.

The Block Supply Officer Kudhani.

4.

The Block Supply Officer Sariya.

5.

The Block Supply Officer Motipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kishore Shahi, Advocate For the Respondent/s :

Mr. Arvind Ujjawal ( SC-4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 14-02-2020 The petitioner, a licensee under the Public Distribution System has challenged the order dated 11.09.2019 passed by the Sub-Divisional Magistrate, West, Muzaffarpur whereby the license of the petitioner has been cancelled.

The sole ground urged on behalf of the petitioner is that from perusal of the order impugned, no reasoning would be reflected for rejecting the show cause reply of the petitioner.

Perused the order.

One of the grounds and in fact the major ground for rejecting the explanation of the petitioner is that the

Patna High Court CWJC No.23229 of 2019 dt.14-02-2020 2/2 petitioner has disputed the very factum of the concerned officer having visited his shop on one occasion. How could this reflect any non-performance on the part of the petitioner is not understandable.

The order does not appear to be reasonable and speaking.

For the aforesaid reasons, the order dated 11.09.2019 is set aside.

The matter is remitted to the Sub-Divisional Magistrate, West, Muzaffarpur for writing out a fresh order in accordance in accordance with law with reasons within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.02.2020 Transmission Date