MOHINDER SINGH Vs. COLLECTOR UNION TERRITORY

JUDGEMENT

(1.) Mohinder Singh petitioner was granted Stamp Vendor's licence. A complaint was received by the respondent-Collector, Union Territory, Chandigarh that the petitioner had issued blank stamp papers and his licence should be cancelled. The licence was suspended vide order dated 27/11/1992 (Annexure P-1). This also was challenged by the petitioner in Civil Writ Petition No. 373 of 1993, which was dismissed on 19/01/1993, with permission to file fresh one to challenge order of revocation of the licence, which had been passed by the respondent. The petitioner has filed the present writ petition, challenging order of revocation dated 8/01/1993 (Annexure P-5) on the grounds, inter alia, that no enquiry was held, after reply to the show cause notice was given, denying the allegations. It was asserted that the allegation against the petitioner was incorrect. The entire stock with him may be checked. Since no enquiry was held, the order of revocation is liable to be quashed.

(2.) On notice of motion having been issued, written statement has been filed on behalf of the respondent.

(3.) Learned Counsel for the respondent has argued that the petitioner should have challenged the order of revocation in the previous writ petition and the fresh petition on the same cause of action is not maintainable. There is no force in this contention. As already stated above, the previous writ petition was admittedly withdrawn with liberty to file fresh one to challenge order of revocation. Such a permission was granted by the Court. Had such an objection been raised earlier, the previous writ petition could have been amended.