Awadh Prasad Singh @ Awadh Kishore Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22046 of 2018 ====================================================== Awadh Prasad Singh @ Awadh Kishore Singh, Son of Late Govind Singh, Resident of Village- Paharpur, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Nawada.

3.

The Sub-Divisional Officer, Rajauli, Nawada.

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

For the Petitioner/s :

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

Mr. S. Raza Ahmad- AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 24-08-2022 Heard Mr. Rajeev Kumar Labh, learned counsel for the petitioner and the learned counsel for the State. The license of the petitioner has been cancelled, which order has been sustained by the Appellate Authority.

Patna High Court CWJC No.22046 of 2018 dt.24-08-2022 2/3 Though the petitioner has raised several grounds assailing both the orders viz that he was given only two days' time to present his case and that the order has been passed only on the ground that the petitioner was made an accused in a criminal case involving breach of Essential Commodities Act, 1955 and that the Appellate Authority has dealt with the matter in an extreme cavalier manner. We are but not inclined to entertain the petition for the reason that the petitioner has not exhausted the remedy of revision against the orders passed by the Licensing as well as the Appellate Authorities. The petition is rejected but with the observation that in case the petitioner approaches the Revisional Authority within a period of 30 days, the revision shall be entertained and after giving reasonable opportunity to present his case, a final order shall be passed by the Revisional Authority within a further period of 60 days, giving reasons in support of the decision so taken by him.

The order so passed, shall be made available to the petitioner forthwith.

Patna High Court CWJC No.22046 of 2018 dt.24-08-2022 3/3 The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) ( Jitendra Kumar, J) skm/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.08.2022 Transmission Date NA