Hem Narayan Jha vs State Of Bihar

Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

The impugned order dated 28.04.2021 passed by Respondent No. 4, namely, the Sub Divisional Officer, Benipatti Sub - Division, District- Madhubani

is a cryptic and non-speaking order and entails civil consequences as it affects the petitioner’s rights.

In view of the submissions made and the grounds mentioned in the petition, the impugned order dated 28.04.2021, passed by Respondent No. 4,

namely, the Sub Divisional Officer, Benipatti Sub - Division, District- Madhubani cancelling P.D.S. Licence No. 110/2016 of the petitioner, is quashed

and set aside, with liberty to the petitioner to approach Respondent No. 4 afresh.

Petition is disposed of in the following terms:

(a) The petitioner shall make himself available before the Sub Divisional Officer, Benipatti Sub - Division, District-Madhubani on 25.02.2022;

(b) On the said date, the entire material shall be supplied to the petitioner;

(c) Within two weeks thereafter, petitioner shall file response, complete in all respects;

(d) Petitioner shall fully cooperate and not take any unnecessary adjournment;

(e) The officer shall pass an order assigning reasons within a period of three months thereafter;

(f) While considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

(g) Liberty reserved to the petitioner to challenge the order, should the need so arise subsequently.

The petition is disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.