Ram Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23117 of 2019 ====================================================== Ram Kishore Singh, Son of Manohar Singh, Resident of Village-Bahilwara, Bahul, South, Police Station-Saraiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

3.

The District Magistrate, Muzaffarpur.

4.

The Sub Divisional Officer, Muzaffarpur (West). 5.

The Block Development Officer, Saraiya, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha, Adv.

For the Respondent/s :

Mr. Upendra Pratap Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 06-02-2020 Heard Mr. Anand Kumar Ojha for the petitioner and Mr. Upendra Pratap Singh for the State.

2. The licence of the petitioner has been cancelled by order dated 10.10.2019, which is under challenge in the present petition.

3. The grounds raised on behalf of the petitioner

Patna High Court CWJC No.23117 of 2019 dt.06-02-2020 2/3 is that the reply furnished by him, pursuant to the showcause notice, has not at all been adverted to and an order of cancellation has been passed.

4. Learned counsel for the petitioner has taken this Court to the show-cause reply, wherein the very factum of the visit of the Block Supply Officer in the shop till noon on a particular day has been disputed. This aspect, it has been urged, has not at all been looked into or at least it does not get reflected in the order impugned. Apart from this, it has been urged that notwithstanding the denial of all the allegations in the show-cause notice, the order of cancellation has been passed. Lastly, it has been urged by Mr. Ojha that the order is a non-speaking order in as much as consideration of all the grounds raised by the petitioner do not get reflected in the order impugned.

5. Though reasons appear to have been given for passing the order of cancellation, though not as elaborately as it should have been, this Court refrains from entertaining the present petition, but gives the liberty to the petitioner to prefer an appeal within a period of three weeks,

Patna High Court CWJC No.23117 of 2019 dt.06-02-2020 3/3 which shall be entertained by the appellate authority and a reasoned order shall be passed within a period of six weeks of the receipt of the aforesaid memo of appeal.

6. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.02.2020 Transmission Date N/A