IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7902 of 2002 BRIJ KISHORE DWIVEDI Versus THE STATE OF BIHAR & ORS ----------- 3 11.02.2009 Heard counsel for the parties. In this writ application, the petitioner is aggrieved by the order of cancellation of licence dated 30.10.2000 (annexure-2) and the appellate order dated 6.9.2001 (Annexure-3) affirming the aforementioned order. Counsel for the petitioner has rightly pointed out that the show cause reply filed by the petitioner was answered in the impugned order passed by the Licensing Authority in one line namely “ dkj.k i`PNk leh{kksijkUr lHkh dfYir Hkzked lR; ls ijs ik;k x;k A “ Counsel for the petitioner in fact has also drawn attention of this Court to the similar approach of the appellate authority who while rejecting the appeal of the petitioner have made only this much of finding that - “It appears that S.D.O. Bettiah has followed due process of law and hence I find no reason to intervene in the said order passed by S.D.O. Bettiah. This appeal stands disposed off accordingly.” The considerations by both the authorities being confined to the aforementioned extent only, this Court must hold the same to be wholly erroneous both on fact and in law. It is well settled that passing the reasoned order in an essential facet of the principles of natural justice. If a show cause notice is issued, the authority is required to - 2 - also apply his mind and pass a reasoned order. Reliance in this connection may be made to the judgment of Apex Court in the case of S.N. Mukherjee v. Union of India reported in AIR 1990 SC 1984. That being so, both the impugned orders Annexures 2 and 3 are in the teeth of the principles of natural of justice and accordingly they are quashed. It is however made clear that quashing of the aforesaid two impugned orders will not lead to be revival of the licence of the petitioner unless the show cause reply of the petitioner is examined afresh and a reasoned order there on is passed either accepting the plea of the petitioner or rejecting the same, in accordance with law. Keeping in view that this writ application has remained pending for last seven years, the licensing authority S.D.O., Sadar Bettiah must complete this exercise within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions this application is disposed of. Bibhash (Mihir Kumar Jha, J.)