AMARESHWAR SAHAY, J. - (1.) HEARD Mr. G.K. Sinha learned counsel for the petitioner and Mr. D.K. Maliyar J.C. to AAG.
(2.) IN this writ application the petitioner has challenged the order dated 17.9.2001 as contained in Annexure -5 to the writ petition whereby the Deputy Commissioner, Garhwa has rejected the appeal filed by the petitioner against the order dated 1.7.1999 passed by the S.D.O. Garhwa cancelling the agreement for running fair price shop. Against the order dated 8.11.1999 passed by the Deputy Commissioner, Garhwa by which the appeal filed by the petitioner was dismissed, the petitioner had earlier moved before this Court by filing CWJC No. 3642 of 1999(R) and by order dated 15.6.2001 while disposing of the said writ application, this Court set aside the order of the Deputy Commissioner, Garhwa on the ground that the impugned order was non -speaking order and it was passed without application of his mind and the matter was remitted back to the Deputy Commissioner to determine and pass a speaking order within one month from the date of receipt/production of a copy of this order. After the matter was remitted back, the Deputy Commissioner by his order dated 17.9.2001, though he has not noted in his order that High Court has directed to pass speaking order, but still without any assigning any reason and without applying his own mind he has mechanically dismissed the appeal affirming the order passed by the S.D.O.
(3.) THE learned counsel for the State also could not support the order of the Deputy Commissioner.;