Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2362 of 2020 ====================================================== Sumit Kumar Son of late Dhanushdhari Mandal, Resident of Village and P.O.- Mamatkha, Police Station- Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supply Food and Civil, Government of Bihar, Patna. 2.

The District Magistrate, Bhagalpur.

3.

The Sub- Divisional Officer-Cum-Licensing Authority, Sadar Bhagalpur, District- Bhagalpur.

4.

The Block Development Officer, Sabour, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Pravina Kumari, Advocate For the Respondent/s :

Mr. Alok Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 12-01-2023 Heard the learned counsel for the parties.

2. The licence of the petitioner has been cancelled vide order dated 20.04.2015, which order has been affirmed in appeal on 20.04.2018.

Patna High Court CWJC No.2362 of 2020 dt.12-01-2023 2/3

3. From the perusal of the order passed by the Licensing Authority, it appears that no reason has been assigned for rejecting the explanation offered by the petitioner. The order is absolutely laconic and does not explain anything.

4. Similar is the tenor of the order passed in appeal.

5. Normally, we would have relegated the petitioner to the Revisional Authority for the needful, but considering that both the orders impugned in the present petition do not assign any reason for cancellation of the licence of the petitioner and the affirmation of such order, we intend to and set-aside both the orders.

6. The matter is remitted to the Licensing Authority to pass a fresh order in accordance with law, adverting to the reply submitted by the petitioner against the show-cause notice and giving reasons in support of the conclusions that the Licensing Authority shall arrive at.

Patna High Court CWJC No.2362 of 2020 dt.12-01-2023 3/3

7. The exercise shall be completed within a period of sixty days from the date of receipt / production of a copy of this Order.

8. The petition stands allowed accordingly.

(Ashutosh Kumar, J) (Satyavrat Verma, J) Rishabh/Praveen AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.01.2023 Transmission Date N/A