Birendra Kumar @ Birendra Kumar Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14525 of 2018 ====================================================== Birendra Kumar @ Birendra Kumar Rai S/o Raghunath Rai, resident of Village- Dharmagat, Maujauna, P.S.- Dariyapur, District- Saran. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Food & Consumer Protection, Government of Bihar, Patna.

2. The Collector, Saran.

3. The Sub Divisional Officer, Sonepur, Saran.

4. The Block Supply Officer, Dariyapur, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Dhananjaya Nath Tiwari, Adv.

For the Respondent/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2018 The learned Senior counsel appearing for the petitioner submits that the impugned order dated 06.09.2017 passed by the Sub-Divisional Officer, Sonepur, Saran has lost its force since the licence was suspended on the ground that an FIR is pending, however, according to Clause 28 of the Bihar Targeted Control Order, 2016, the licence cannot remain suspended for more than 180 days.

Having regard to the submission made by the learned Senior counsel for the petitioner, this Court is of the opinion that by way of final opportunity the S.D.O. Sonepur, Saran is granted a chance to pass final order, after giving a show cause notice and opportunity of hearing to the petitioner herein,

Patna High Court CWJC No.14525 of 2018(2) dt.04-12-2018 2/2 if not already passed, within four weeks from today, failing which the suspension of the licence effected by the aforesaid order dated 06.09.2017 shall stand revoked automatically. The present writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U