Kapildev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23672 of 2019 ====================================================== Kapildev Yadav Son of Late Shobhit Yadav Resident of Village- Nayatola Mirjapur (Nurpur), P.S.- Madhusudanpur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

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

The District Magistrate Bhagalpur, District- Bhagalpur. 3.

The Licensing Authority-Cum- Sub- Divisional Officer Sadar, Bhagalpur, District- Bhagalpur.

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

For the Petitioner/s :

Mr. Rajeev Kumar Labh, Advocate For the Respondent/s :

Mr. S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 03-01-2023 Heard the learned counsel for the parties.

The licence of the petitioner was cancelled, against which order the petitioner preferred an appeal. The Appellate Authority, for reasons recorded in the order, remanded the case to the licensing authority to pass a fresh order in accordance with law. Thereafter, the licensing authority has again cancelled the licence of the petitioner, against which an appeal lies.

The petitioner has approached this Court directly, without preferring any appeal.

Patna High Court CWJC No.23672 of 2019(2) dt.03-01-2023 2/2 For this reason, we are not inclined to entertain this petition.

If the petitioner so desires, he may file an appeal against the order of cancellation of his licence within a period of 60 days and in that event, the Appellate Authority shall look into the matter and after providing sufficient opportunity to the petitioner to present his cause, pass a final order within next 60 days giving reasons in support of the decision taken by him.

The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) ( Satyavrat Verma, J) Sunil/Rishi/- U