Prakash Bind v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16309 of 2018 ====================================================== Prakash Bind S/o Jamuna Bind Resident of Village Kakrauli, Ward No. 1, P.S. Halsi, District - Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary Food & Consumer Protection Department, Old Secretariat, Patna.

2. The SDO, Lakhisarai.

3. The Block Supply Officer, Halsi, Lakhisarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the Respondent/s : Mr. Arvind Ujjwal- Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-09-2018 The petitioner has challenged the order passed by the Sub-Divisional Officer, Lakhisarai dated 17.07.2018 on the ground that only 24 hours' notice was granted to the petitioner to file reply to the show cause.

The learned counsel for the petitioner submits that the present case is squarely covered by a judgment reported in 2013(1) PLJR 718 [Smt. Fulpati Devi vs. The State of Bihar & Ors.] In view of the aforesaid, the order passed by the S.D.O., Lakhisarai is quashed and the S.D.O., Lakhisarai is directed to issue a fresh show cause notice giving sufficient time to the petitioner to file reply to the show cause and after seeking

Patna High Court CWJC No.16309 of 2018 (2) dt.13-09-2018 2/2 reply from the petitioner, the S. D. O., Lakhisarai shall pass a reasoned and speaking order in accordance with law within a period of four weeks from the date of receiving of the reply to the show cause.

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

(Mohit Kumar Shah, J) BTiwary/- U