Patna High Court set aside orders canceling the petitioner's license and the appellate confirmation, remanding the matter to the Licensing Authority to pass a fresh reasoned order within sixty days.
Impugned orders set aside; Case remitted to Licensing Authority to write a fresh reasoned order within sixty days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14112 of 2022
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Pawan Kumar son of Shivaji Prasad, Resident of Village-Juaffar, P.S.Chhauradano, District-East Champaran, Bihar.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Vikash Kumar Pankaj, Advocate For the Respondent/s : Mr. Arvind Ujjwal (SC-4) Mr. Upendra Pratap Singh, AC to SC-4
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 20-01-2023
Heard Mr. Vikash Kumar Pankaj, learned Advocate for the petitioner and Mr. Upendra Pratap Singh for the State.
The license of the petitioner has been cancelled, which order has been affirmed by the Appellate Authority.
The sole contention of the petitioner is that from a bare perusal of the order passed by the Licensing Authority, it would appear that the conclusions of the Licensing Authority is based solely on the report of the Block Supply Officer.
Patna High Court CWJC No.14112 of 2022 dt.20-01-2023 2/2
We find that there is no statement in the order indicating that the reply filed by the petitioner was adverted to. Thus, we do not also find any reason given by the Licensing Authority to reject such grounds raised by the petitioner in his defence.
So is the position with the appellate order.
We are, therefore, not persuaded to sustain the aforesaid orders and per force we set them aside.
The matter is remitted to the Licensing Authority to write out a fresh order in accordance with law giving reasons in support of the conclusions within a period of sixty days from the date of receipt/production of a copy of this order.
With the afore-noted direction/observation, the petition is allowed and disposed of.
(Ashutosh Kumar, J)
(Satyavrat Verma, J)
kundan/rishi-2
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 23.01.2023 |
| Transmission Date |
1 issue framed by the court
Whether the impugned order of cancellation of license recording insufficient reasons received the scrutiny of the High Court under Article 226 of the Constitution of India.
Pawan Kumar
State of Bihar through the Principal Secretary, Food and Civil Supply Department
Ashutosh Kumar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
