A food-supply licence holder's licence was suspended and then cancelled within seven days for non-reply to a notice he claimed was never served. The High Court set aside the cancellation, upheld the suspension, and remitted the matter to the Licensing Authority for a fresh show-cause notice and reasoned order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5703 of 2021
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Umesh Thakur son of Doman Thakur, Resident of Village- Dongila, Village Panchayat- Banke Bazar, Police Station- Raushanganj/Banke Bazar, DistrictGaya
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Binay Kumar For the Respondent/s : Mr. Upendra Pratap Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and
HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
3 03-01-2023
for the petitioner and Mr. Upendra Pratap Singh, the learned counsel for the State.
The license of the petitioner was suspended vide order dated 20.04.2020 and an explanation was asked for
from the petitioner. Barely, seven days after, the license of
the petitioner has been cancelled on the plea that the notice to the petitioner was not replied by him.
The learned counsel for the petitioner has made a
Patna High Court CWJC No.5703 of 2021(3) dt.03-01-2023 2/3
specific statement in the writ petition that no notice was ever served upon him.
This contention gets buttressed by the fact that
within seven days, the order of cancellation of his license has been passed.
We are of the view that the petitioner must get
an opportunity of explaining his cause before his license is cancelled.
For the afore-noted reason, we set aside the order of cancellation of license dated 27.04.2020. The order of suspension of license shall, but remain inviolate.
The matter is remitted to the Licensing Authority, who shall issue fresh notice to the petitioner within a period of 15 days form the date of receipt / production of a copy of this order, giving reasonable time to the petitioner to represent his cause.
The petitioner shall reply to the said show cause notice within 30 days of the receipt of the notice.
Thereafter, the Licensing Authority shall, after adverting to the reply of the petitioner, pass a reasoned
Patna High Court CWJC No.5703 of 2021(3) dt.03-01-2023 3/3
order within further period of 60 days.
With the afore-noted direction / observation, the
writ petition stands disposed of.
(Ashutosh Kumar, J)
( Satyavrat Verma, J)
sunilkumar/-
U
2 issues framed by the court
Whether the petitioner's licence could be cancelled without proof that a notice was served on him.
Whether the petitioner was entitled to an opportunity to explain his cause before cancellation.
Umesh Thakur son of Doman Thakur
The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Government of Bihar, Patna
The District Magistrate, Gaya
The Sub-Divisional Officer, Sherghati, Gaya
The Block Supply Officer, Banke Bazar, District- Gaya
Ashutosh Kumar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
