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2021 Supreme(Pat) 1034

RAJAN GUPTA, MOHIT KUMAR SHAH
Parewa Primary Agriculture Co-operative Society (PACS) – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Vikash Kumar Pankaj, Pratiyush Kumar.
For the State : Mr. Upendra Pratap Singh.

ORDER

The present writ petition has been filed for quashing the order dated 14.9.2019 passed by the Sub-Divisional Officer, Sikarhana, Dhaka, whereby and whereunder the license of the PDS shop of the petitioner bearing license no. 143/11-12 has been cancelled.

2. The learned counsel for the petitioner has submitted that a bare perusal of the impugned order dated 14.9.2019 would show that the same is an unreasoned and a non-speaking order, which has virtually not considered the show cause reply filed by the petitioner, hence, the same stands vitiated in the eyes of law.

3. The learned counsel for the Respondent- State, Sri Upendra Pratap Singh (AC to SC-4), has not disputed the position, as is existing in law.

4. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner as also that of the learned counsel for the Respondent-State and upon perusal of the materials on record, this Court finds that the impugned order dated 14.9.2019 does not depict any application of mind, is an unreasoned and a non-speaking order and no clear, succinct or cogent reasons have been furnished so as to warrant cancellation of the license of

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