Patna High CourtCWJC/18982/2018allowed

Devendra Paswan v. The State Of Bihar And ORS

2018-10-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18982 of 2018 ====================================================== Devendra Paswan Son of Ganesh Paswan, Resident of Village-Dongila, Village Panchayat-Tandawa, Police Station-Roshanganj, Disttict-Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Consumers Protection, Government of BIhar, Patna.

2. The District Magistrate, Gaya.

3. The Sub-Divisional Officer, Sherghati (Gaya).

4. The Block Supply Officer, Bankebazar, Dist.-Gaya.

5. The Assistant District Supply Officer, Sherghati, Dist.-Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-10-2018 The present writ petition has been filed for quashing the order dated 24.08.2018 passed by the Sub-Divisional Officer, Sherghati, Gaya whereby and whereunder the P.D.S. license of the shop of the petitioner has been cancelled.

The learned counsel for the petitioner has raised a short issue while assailing the impugned order to the effect that the authorities have, in a single line without assigning any reason, rejected the show cause of the petitioner herein and in similar manner, the appeal has also been rejected. Reference in this connection has been made to a judgment dated 04.01.2013 passed in CWJC No. 105 of 2013.

Patna High Court CWJC No.18982 of 2018 (2) dt.04-10-2018 2/2 I have heard the learned counsel for the parities and gone through the materials on record and I find that the impugned order dated 24.08.2018 is not only cryptic but also totally unreasoned and non-speaking order as well as suffers from the vice of total non-application of the mind, hence it is fit to be quashed.

Having regard to the facts and circumstances of the case, the writ petition is allowed and the impugned order dated 24.08.2018 passed by the Sub-Divisional Officer, Sherghati, Gaya is quashed, however, with liberty to the Sub-Divisional Officer, Sherghati, Gaya to proceed afresh in the matter, in accordance with law, if so advised.

The writ petition is allowed.

(Mohit Kumar Shah, J) S.Sb/- U