Remanded

Buchi Kunwar v. The State Of Bihar and Ors.

Patna HC2 Aug 2017CWJC/7622/2017

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AI extract

What is this about?

This case concerns the challenge to a cryptic order cancelling a Petitioner's PDS shop licence. The court quashed the order for lack of application of mind and remanded the matter to the Sub Divisional Officer for a proper enquiry, hearing, and reasoned order. The petition was disposed of following these directions.

What did the court decide?

The order dated 17.3.2017 is set aside. The matter is remanded to the Sub Divisional Officer, Sadar Ara to furnish an enquiry report, allow supplementary show cause if advised, and pass a reasoned ord

Buchi Kunwar Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2017)

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Patna High Court CWJC No.7622 of 2017 (2) dt.02-08-2017

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7622 of 2017

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======================================================

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Buchi Kunwar Wife of Dhiraj Paswan Resident of Poshwan, P.S. Agiawan, District- Bhojpur.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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The District Magistrate Bhojpur, Ara.

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The Sub Divisional Officer, Sadar Ara, Bhojpur.

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The District Supply Officer, Bhojpur, Ara.

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The Block Development Officer, Block- Agiaon, District- Bhojpur.

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The Block Supply Officer, Block- Agiaon, District- Bhojpur.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the State : Mr. S. Raza Ahmad- AAG5

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Mr. Alok Ranjan, AC to AAG-5

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====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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2 02-08-2017 Heard learned counsel for the petitioner and learned

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counsel for the State.

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In the present case, petitioner is challenging the order dated 17.3.2017 passed by the Sub Divisional Officer, Sadar, Ara by which licence bearing Licence No. 80 of 2012 has been cancelled.

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Petitioner is running a PDS shop having Licence No.80 of 2012. On the basis of the report submitted by the District Supply Officer, Ara, a show-cause was issued which was replied and Sub Divisional Officer passed a cryptic order.

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It appears that Sub Divisional Officer has not applied

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Patna High Court CWJC No.7622 of 2017 (2) dt.02-08-2017

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his mind and passed a cryptic order.

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In such view of the matter, the order dated 17.3.2017 is set aside and the matter is remanded back to the Sub Divisional Officer, Sadar Ara who will furnish the enquiry report to the petitioner and petitioner will be at liberty, if so advised, may file supplementary show cause and thereafter the Sub Divisional Officer after giving hearing to the parties will pass a reasoned order.

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With the aforesaid observation and direction this writ petition is disposed of.

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(Shivaji Pandey, J)

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Vinay/-

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Buchi Kunwar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Buchi Kunwar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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