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2021 Supreme(Pat) 561

MOHIT KUMAR SHAH
Nagendra Mahto – Appellant
Versus
State of Bihar through the Secretary, Food and Consumer Protection Department, Old Secretariat, Patna – Respondent


Advocates Appeared:
For the Petitioners:Mr.Diwakar Upadhyaya, Advocate
For the Respondents: Mr.Arvind Ujjwal (SC-4)

JUDGMENT :

The present writ petition has been filed for setting aside the order dated 17.12.2019 passed by the Collector, Samastipur in P.D.S. Appeal No. 73 of 2016. The short ground raised for assailing the aforesaid order dated 17.12.2019 is that the same is a three line order, not at all dealing with the submissions and grounds taken by the petitioner in his appeal and moreover the same is unreasoned and a non-speaking order, hence has been passed in violation of the principles of natural justice.

The learned counsel for the State has not been able to defend the said order dated 17.12.2019.

I have heard the learned counsel for the parties and have gone through the materials on record.

This Court finds from a bare perusal of the short impugned order dated 17.12.2019 that the same is not only unreasoned but also does not deal with the submissions and grounds raised by the petitioner in his appeal, hence is required to be set aside. In this regard, reference be had to a judgment rendered by the Hon’ble Apex Court in the case of Kranti Associates (P) Ltd. v. Masood Ahmed Khan, reported in (2010) 9 SCC 496, paragraphs No. 15, 24, 25, 47 and 48 whereof are reproduced herein below:-

    "15. T

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