JAGAR NATH PRASAD Vs. VISHWANATH PRASAD AND ORS.

JUDGEMENT

(1.) This is an appeal against the judgment of a learned Single Judge allowing the writ petition of the first Respondent, Vishwanath Prasad. Vishwanath Prasad is a licensee of a Ganja shop in village Bansdih. His licence expires on March 31, 1967.

(2.) The District Magistrate cancelled his licence by his order dated July 21, 1966. He filed the writ petition out of which this appeal has arisen against that order. Before the learned single Judge it was argued on his behalf that the order of the District Magistrate is illegal because it was made without affording him an opportunity of hearing. The learned Judge accepted the argument and allowed the writ petition. On this issue the learned Judge recorded the following finding:

(3.) We have heard counsel for the Appellant as well as the Standing Counsel. We agree with the above said finding of the learned fudge. The evidence on record fully bears it out.