IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12475 of 2006 BASANT KUMAR Versus THE STATE OF BIHAR & ORS ----------- 3. 11.8.2008 Heard learned counsel for the petitioner and learned J.C. to Govt. Advocate No.X. The petitioner prays for quashing of the impugned order dated 16.9.2006 passed by the Sub-divisional Officer, Sadar, Munger by which Licence No.1/91 of the petitioner has been cancelled. It is pointed out that on the same day by a similar cyclostyled order, a large number of licences of different dealers have been cancelled by the Sub-divisional Officer, which shows complete non- application of mind. From a perusal of the impugned order itself, it is evident that only the name of the petitioner, his licence number, address, etc. have been filled up and the order has been passed, which shows non- application of mind on the part of the statutory authority, who had to exercise his power. Moreover, it is stated that the order has been passed on the basis of the order issued by the Deputy Secretary, Food, Supplies and Commerce Department, as also the District Magistrate, Munger, which shows that the Sub- divisional Officer has abdicated his responsibility in deciding the matter and has passed the order on the basis of directions received from the superior authorities. In this case, in fact, the District Magistrate is the appellate authority and this also amounts to defeating the right of appeal of the petitioner. On a consideration of the aforesaid facts and 2 circumstances, the writ application is allowed and the impugned order dated 16.9.2006 is quashed and the matter is remanded to the Sub- divisional Officer, Sadar, Munger to proceed afresh in the case in accordance with law. Let the order be passed by the Sub-divisional Officer within a period of two months from the date of receipt/ production of a copy of this order. VPS ( Ramesh Kumar Datta,J.)