IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8918 of 2006 UMESH DUTT TIWARY Versus THE STATE OF BIHAR & ORS ----------- 2 4.11.2009 Heard counsel for the petitioner and the State. The petitioner prays for quashing the memo no.325 dated 9.6.2003 passed by the Subdivisional Officer, Sadar, Gaya, contained in Annexure-2, as well as the order dated 5.9.2005 passed in Supply Appeal No.56 of 2004 passed by the District Magistrate, Gaya, contained in Annexure-8. The petitioner submits that the learned Collector and the Commissioner dismissed his appeal and revision on the ground that delay in filing of the same has not sufficiently been explained. Learned counsel for the petitioner submits that show cause notice was issued to the petitioner on 16.5.2003 by the licensing authority, contained in Annexure-1. However, he cancelled the licence on 9.6.2003. He submits that on account of marriage in the family the petitioner could not file his show cause reply in his defence. In this respect he refers to Annexure- 3 which was filed before the S.D.O. stating therein that since the daughter of the petitioner was to be married on 6.6.2003, he could not submit his explanation within the time. Learned State Counsel submits that the authorities have rightly passed the cancellation order. After hearing learned counsel for the parties, it 2 KHAN appears that the learned Collector and the Commissioner have passed the impugned order dismissing the appeal and revision on the ground of delay in filing of the same. The petitioner may have had some reasons for not submitting his show cause in time. The petitioner was pursuing his subsequent application filed before the licensing authority after cancellation of the licence, I find that the petitioner has prima facie been able to explain the delay in filing the appeal. In the circumstances, I would give one more opportunity to the petitioner to explain his case. I accordingly set aside the order passed by the Appellate and the Revisional courts and remit the matter to the S.D.O. Sadar, Gaya for fresh consideration of the matter after affording an opportunity to the petitioner to file his show cause. In case the petitioner files his show cause, the respondent authorities will pass an order in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)