Md. Khalil Ansari vs State of Bihar and Others

S.J. Mukhopadhaya, J.—This application has been preferred by the petitioner against the order, contained in Memo No. 292 dated 28th October, 1999, whereby and whereunder. the Assistant District Supply Officer, Chas. Bokaro has communicated the decision, alongwith Office Order dated 20th August. 1999, cancelling the petitioner''s licence.

According to the petitioner, the Licence No. 3/CKY/97 dated 14th June. 1997 was issued in his favour as an authorised dealer for foodgrains, sugar, kerosene oil, E. Oil. cloth etc. It was renewed for the year 1999.

While the petitioner was doing business, a criminal case being Chandankiari PS No. 63/99 was lodged against the petitioner. It was merely because of such criminal case and on the ground that the petitioner was taken in custody, the impugned order of cancellation of licence was issued and communicated vide Memo No. 292 dated 28th October. 1999.

Specific case of the petitioner is that he was never taken in custody and the police submitted final form in Chandankiari PS No. 63/99. as back as on 25th September. 1999.

It will be evident from the impugned order that no show cause notice was given to the petitioner and the licence was cancelled merely on the ground that the petitioner was taken into custody.

In the aforesaid background, the order having issued in violation of natural justice, the impugned order of cancellation, as communicated, vide letter No. 292 dated 28th October. 1999 is set aside.

If the period of licence is expired, it will be open to the petitioner to make prayer for renewal of licence, on completion of formalities.

The writ petition is allowed.

Writ petition allowed.