Arun Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.882 of 2020 ====================================================== Arun Kumar Paswan, son of Late Biso Paswan, resident of Village-Panchayat, Singhuara, Block Hanuman Nagar, Police Station-Ashok Paper Mill, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

3.

The District Magistrate, Darbhanga.

4.

The Sub Divisional Officer (Sadar), Darbhanga. 5.

The Block Supply Officer, Hanuman Nagar, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate Mr. Ashok Kumar Karna, Advocate Mr. Amit Kumar Singh, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2020 Heard Mr. Anand Kumar Ojha, learned advocate for the petitioner and Mr. Upendra Pratap Singh, learned advocate for the State.

The petitioner has challenged the order dated 03.01.2019 passed by the Sub-Divisional Officer-cumLicensing Officer, Sadar, Darbhanga whereby the license

Patna High Court CWJC No.882 of 2020(2) dt.16-01-2020 2/3 of the petitioner to run his public distribution shop has been cancelled.

The order, on face of it, appears to be a nonspeaking as the charges against the petitioner have been listed but there does not appear to be any consideration over the reply furnished by the petitioner.

However, since an appeal has already been preferred by the petitioner, though in the month of February, 2019, this Court refrains from entertaining this petition but does not eschew from directing the Appellate Authority to dispose off the appeal preferred by the petitioner by a reasoned order within a period of sixty days from the date of production of a copy of this order before the Appellate Authority. The Appellate Authority shall take into account all the grounds urged in the present petition as also that in the first instance, the reply of the petitioner was never considered in proper perspective and an order of cancellation of license entailing serious consequences, has been passed.

Patna High Court CWJC No.882 of 2020(2) dt.16-01-2020 3/3 With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U