BALESHWAR MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 16.6.1998 of the appellate authority, namely, the Collector, Saharsa rejecting his appeal and affirming the order of cancellation of licence passed by the Sub-Divisional Officer, Saharsa and also by the order dated 15.6.1999 of the revisional authority declining to interfere with the order of the appellate authority and rejecting the revision, contained in Annexures 1 and 2 respectively.

(2.) In short, the relevant facts are that the petitioner is a dealer of Public Distribution System Shop under Maheshpur Gram Panchayat, Ward No. 8 and holds Licence No. 51/85 for the said purpose issued under the Bihar Trade Articles (Licences Unification) Order, 1984. According to the case of the petitioner, he was authorized to distribute articles to the consumes of Ward No. 2. However, later he was allowed to shift his shop to Ward No. 3 and thereafter, has been distributing the articles to the consumers of Ward No. 3.

(3.) It is stated that some of the consumers of Ward No. 2 complained against, the petitioner as he refused to give articles to them after shifting the shop to Ward No. 3. An inquiry was made in which it is claimed that no consumer of Ward No. 3 made any complaint against the petitioner. Later,- the petitioner was served with a show-cause notice as to why his licence should not be cancelled and in response to it, he filed his show-cause explaining all the circumstances. It is claimed that after filing of the show cause he was allotted articles for distribution but all of a sudden his licence was cancelled by the SDO, Saharsa, vide Memo No. 487-2 dated 4.7.1997, against which he preferred appeal, which was dismissed vide impugned order dated 16.6.1998 (Annexure 1). The petitioner being aggrieved by the said order filed Supply Revision Case No. 8/98-99 before the Commissioner, Kosi Division, Saharsa, who also dismissed the revision vide impugned order dated 15.6.1999, contained in Annexure 2, with which the petitioner is aggrieved and, has filed the present writ petition for its quashing.