Remanded

Arti Devi v. The State of Bihar

Patna HC23 Feb 2022CWJC/608/2022

Case brief

AI extract

What is this about?

The High Court set aside the order cancelling the petitioner's licence due to the Licensing Authority's lack of independent application of mind, relying only on subordinate reports. The matter is remitted for a fresh order after giving the petitioner a fresh opportunity to explain within 60 days.

What did the court decide?

The order dated 10.12.2021 cancelling the licence is set aside; the matter is remitted to the Licensing Authority for a fresh order within 60 days after giving the petitioner a fresh opportunity to ex

Arti Devi Vs The State of Bihar — Writ and Judicial Review | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.608 of 2022

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====================================================== Arti Devi W/o Sanjay Kumar, Resident of Village/Moh.-Ghughari Tand Near Kabristan, Ward No. 45, Gaya Town, Police Station-Vishnupad, DistrictGaya.

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... ... Petitioner.

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Versus

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The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Government of Bihar, Patna.

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The District Magistrate, Gaya.

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The Sub-Divisional Officer, Sadar Gaya.

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The Assistant District Supply Officer, Sadar Gaya.

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The Block Supply Officer, Town Block, Dist.-Gaya.

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... ... Respondents.

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====================================================== Appearance :

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For the Petitioner/s : Mr. Binay Kumar, Advocate For the Respondent/s : Mr. S. Raza Ahmad, AAG-5 Mr. Anisul Haque, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

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2 23-02-2022 Heard Mr. Binay Kumar, learned Advocate for

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the petitioner and Mr. Anisul Haque for the State.

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The petitioner has challenged the order dated

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10.12.2021 passed by the Licensing Authority, cancelling the licence of the petitioner on the ground that he has solely relied upon the report of the

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Patna High Court CWJC No.608 of 2022(2) dt.23-02-2022 2/3

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Marketing Officer and Assistant District Supply Officer for coming to the conclusion that the licence of the petitioner is required to be cancelled.

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A perusal of the order impugned reflects that there has not been an independent application of mind of the Licensing Authority over the facts in issue. The concluding portion of the order specifically states that the reports of the Marketing Officer and the Assistant District Supply Officer appear to be correct.

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We do not find such an order to be sustainable in the eyes of law.

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For the aforesaid reason, the order dated 10.12.2021, as contained in Memo No.1340 passed by the Sub-divisional Officer, Sadar Gaya is set aside and the matter is remitted to the Licensing Authority for writing out a fresh order in accordance with law after giving fresh opportunity to the petitioner to explain his cause. That shall be done within 60 days of the petitioner presenting a copy of this order before the Licensing Authority.

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Patna High Court CWJC No.608 of 2022(2) dt.23-02-2022 3/3

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The writ petition stands disposed of accordingly.

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(Ashutosh Kumar, J.)

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(Anjani Kumar Sharan, J.)

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Trivedi/- U

Arti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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