RAMAUTAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) : 2006 (1) JLJR 407 : AIRJharHCR 2006 613 : 2006 (2) EFR 196 : AIR 2006 Jhar 45 : 2006 AIJ_JH 902131. Equivalent Citation(s): 2000 (4) PLJR 185 : 2000 AIJ_PT 1721105 JUDGEMENT : - 1. We have heard the counsel for the parties.

(2.) THE appellant is aggrieved by the impugned judgment and order of the learned Judge of this Court dated 11.6.1999 in C.W.J.C. No. 7071/98 dismissing his writ petition in which the appellant had made a grievance about the cancellation of his licence issued under the Unification Order, 1984. by the District Magistrate, Nawadah. The learned Judge dismissed the writ petition on a finding that under clause 2 (1) of the Unification Order the licensing authority has been defined as meaning an officer not below the rank of the S.D.O. appointed by the State Government to exercise all the powers and perform the duties of licensing authority. In view thereof the definition did not exclude an officer higher in rank than the S.D.O. The question is not res integra because it is covered by a Full Bench decision of this Court in the case of M/s Parwati Bhandar vs. The State of Bihar & ors. reported in 1991 (2) PLJR 774. It has been held that even if the Government may appoint a Collector as the licensing authority it does not follow that in every case the Collector shall act as the licensing authority.

(3.) CLAUSE 27 (c) of the Unification Order provides that :