Research › Search › Judgment

Patna High Court · body

2021 DIGILAW 1127 (PAT)

Parewa Primary Agriculture Co-operative Society (PACS) v. State of Bihar

2021-12-01

MOHIT KUMAR SHAH, RAJAN GUPTA

body2021
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 the petitioner, hence, the same stands vitiated in the eyes of law, thus, is quashed. However, the matter is remanded back to the Sub-Divisional Officer, Sikarhana, Dhaka to proceed afresh in the matter, in accordance with law. 5. The writ petition stands allowed.