Kapil Dev Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21738 of 2018 ====================================================== Kapil Dev Das, Son of Ram Lagan Das, Resident of Village- Rakasiya, Village Panchayat- Amakuawn, Police Station- Tikari, District- 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, Tikari, Gaya.

4. The Block Supply Officer, Tikari, Dist- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar For the Respondent/s :

Mr. Arvind Ujjwal- Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2018 The petitioner has challenged the order passed by the Sub-Divisional Officer, Tekari, dated 15.03.2018 on the ground that three days' 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 SubDivisional Officer, Tekari is quashed and the Sub-Divisional Officer, Tekari 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 reply from the petitioner, the Sub-

Patna High Court CWJC No.21738 of 2018(2) dt.30-11-2018 2/2 Divisional Officer, Tekari 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) Tiwary/- U