Partly allowed

Yogendra Tiwari v. The State of Bihar

Patna HC24 Feb 2022CWJC/942/2022

Case brief

AI extract

What is this about?

Petitioner challenged cancellation of PDS licence issued by Licensing Authority and subsequent affirmation by Appellate Authority. Court found lack of application of mind due to reliance solely on Block Officer opinion without considering petitioner's reply. Case was remitted for fresh reasoned order.

What did the court decide?

Impugned orders dated 19.06.2021 and 29.10.2021 set aside. Matter remitted to Licensing Authority to pass a reasoned order within 60 days after giving petitioner reasonable opportunity.

Yogendra Tiwari Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.942 of 2022

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

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Yogendra Tiwari S/o Late Kunj Bihari Tiwari, Resident of Village - Nainijor, Dumrao, P.S. - Nainijor, District - Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principle Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

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The District Magistrate, Buxar.

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The Sub Divisional Officer, Dumraon.

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The Block Supply Officer (In Charge), Brahmpur, Buxar.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate Ms. Preety Kunwar, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

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Date : 24-02-2022

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Heard Mr. N.K. Agarwal, learned Senior Advocate for the petitioner and Mr. Upendra Pratap Singh, AC to SC 4 for the State.

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The petitioner is aggrieved by the order dated 19.06.2021 contained in Memo No. 1573 of the Licencing authority, Dumraon whereby the licence of the petitioner has been cancelled as well as the order dated 29.10.2021 passed by the Appellate authority in Appeal No. 190 of 2021 whereby the order of cancellation of licence of the petitioner has been sustained.

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Patna High Court CWJC No.942 of 2022 dt.24-02-2022 2/3

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The only ground taken by the petitioner is that the Licencing authority only referred to the opinion of the Block Supply Officer for coming to the conclusion that the petitioner has violated the terms of licence and the provisions under the Bihar Targeted P.D.S. (Control) Order, 2016 and has not adverted to the reply furnished by the petitioner. The appellate order only quotes the operative portion of the order passed by the Licencing authority.

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Mr. Agarwal, therefore, submits that both the orders depict complete lack of application of mind at their respective levels.

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We do not get any idea as to why the Appellate authority has sustained the order passed by the licencing authority and likewise why the licencing authority has solely relied upon the opinion of the Block Supply Officer, who had made an inquiry in the shop of the petitioner.

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Both the orders, therefore, do not appear to be sustainable to us and we set it aside.

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The matter is remitted to the Licencing authority for passing a fresh order in accordance with law after giving a reasonable opportunity to the petitioner to represent his cause afresh.

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The exercise shall begin after the petitioner furnishes a copy of this order before the Licencing

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Patna High Court CWJC No.942 of 2022 dt.24-02-2022 3/3

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authority, who shall pass a final order within a period of 60 days of the presentation of a copy of this order.

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The order passed by the licencing authority shall be a reasoned one and shall be communicated to the petitioner forthwith.

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The writ petition stands disposed off with the afore-noted directions.

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(Ashutosh Kumar, J)

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( Anjani Kumar Sharan, J)

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krishna/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	02.03.2022
Transmission Date	NA

Yogendra Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Yogendra Tiwari v. The State of Bihar

Case brief

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