Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23215 of 2019 ====================================================== Kiran Devi W/o Late Ram Babu Sahani Ex-Public Distribution Dealer Panchayat-Raxa Block- Marban, 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 District Magistrate Muzaffarpur 3.

The Sub Divisional Magistrate West Muzaffarpur 4.

The Block Supply Officer Marban ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Arvind Ujjwal (SC-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-02-2020 Against the order dated 17.12.2016 passed by the Sub-Divisional Officer, West, Muzaffarpur cancelling the license of the petitioner, an appeal has been preferred before the Appellate Authority vide Appeal No. 2 of 2017.

The learned counsel for the petitioner submits that the appeal has not yet been disposed off. Apart from this, learned counsel for the petitioner has also submitted that the order passed by the Sub-Divisional Officer does not muster the test of a

Patna High Court CWJC No.23215 of 2019(2) dt.14-02-2020 2/3 speaking order in as much as the enquiry report was not furnished to the petitioner and in a very cryptic manner, the explanation offered by the petitioner has been rejected.

In such a situation viz. the order not being a speaking order and the appeal not having been disposed off for about three years by now, learned counsel for the petitioner submits that it would be better to assess the order passed by the Sub-Divisional Officer in the present petition.

The learned counsel for the petitioner has also drawn the attention of this Court to some of the grounds which he has urged before the Appellate Authority. The pendency of the appeal for such a long time cannot be countenanced.

This Court directs the Appellate Authority to take up the appeal of the petitioner and pass a reasoned order, taking into account all the grounds raised by him within a period of sixty days of the receipt/production of

Patna High Court CWJC No.23215 of 2019(2) dt.14-02-2020 3/3 a copy of this order.

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

(Ashutosh Kumar, J) Shageer/- U