BAIJU PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners are aggrieved by the order of cancellation of their licences contained in Annexure 4. Though the said order has been issued by the Sub Divisional Officer, Mahua it has been ex facie passed in the light of the order of the District Magistrate, Vaishali dated 19.4.99 and the wireless message sent by his Personal Assistant communicating the gist of the order.

(2.) THE submission of the counsel for the petitioners is that the petitioners being retail licensees, the licensing authority is Sub Divisional Officer and the District Magistrate has no power to direct cancellation of the licence. Counsel for the State submitted that formal order of cancellation of licence having been issued by the Sub Divisional Officer, the impugned order does not suffer from any illegality.

(3.) IT is not in dispute that with respect to retail dealers the licensing authority under the Bihar Trade Articles (Licences, Unification) Order, 1984, is Sub Divisional Officer and where such licensing authority cancels the licence, appeal lies to the District Magistrate.