Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR and SATYAVRAT VERMA, JJ.
CWJC No.14112 of 2022
(20.1.2023)
Pawan Kumar ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Public Distribution System – Cancellation of Licence – There is no statement in order indicating that reply filed by petitioner was adverted to – No reason given by Licensing Authority to reject grounds raised by petitioner in his defence – So is the position with appellate order – Impugned order set aside – Matter remitted to Licensing Authority to write out a fresh order in accordance with law giving reasons in support of conclusions within a period of sixty days – Writ Petition allowed. (Paras 4 to 7)
Ashutosh Kumar, J. – Heard Mr. Vikash Kumar Pankaj, learned Advocate for the petitioner and Mr. Upendra Pratap Singh for the State.
2. The license of the petitioner has been cancelled, which order has been affirmed by the Appellate Authority.
3. 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.
4. 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.
5. We are, therefore, not persuaded to sustain the aforesaid orders and per force we set them aside.
6. 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.
7. With the afore-noted direction/observation, the petition is allowed and disposed of.
The main legal point established in the judgment is the requirement for a full and proper inquiry before the cancellation of a license, adherence to rules of natural justice, and the importance of gi....
The transportation of foodgrains with prior permission and informing the concerned authority does not warrant licence cancellation.
The main legal point established in the judgment is the requirement to adhere to the principles of natural justice, provide reasoned orders, and comply with the procedural requirements outlined in th....
Availability of alternative remedy and the court's discretion not to entertain the writ petition.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
