RAMAUTAR YADAV SON OF SHREE LAXMI YADAV Vs. STATE OF BIHAR THROUGH THE SECRETARY-CUM- COMMISSIONER, FOOD, SUPPLY AND COMMERCE DEPARTMENT, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the State.

(2.) The petitioner seeks quashing of the order dated 12.12.2000 (Annexure-4) passed by the Sub-Divisional Officer, Phulparas, District Madhubani, respondent No. 3 and the order dated 31.7.2006 (Annexure-7) passed by the District Magistrate, Madhubani, respondent No. 2 and a direction to the respondent No. 3 to restore the petitioner's licence No. 99/88 issued under the Bihar Trade Articles (Licenses Unification) Order, 1984, hereinafter referred to as 'the Unification Order', in view of the order of acquittal dated 27.6.2006 (Annexure-5) passed by the Sub-Divisional Judicial Magistrate, Jhanjharpur.

(3.) The petitioner was a dealer under the Public Distribution System Scheme at village Malin, Panchayat Malin Belha, Circle Khutona in the District of Madhubani having retail licence No. 99/88 under the provisions of the Unification Order. An F.I.R. being Lalmania P.S. case No. 85/98 dated 31.5.1998 under Section 7 of the E.C. Act was lodged against the petitioner and another accused person alleging that the petitioner was transporting 21 bags of rice loaded on tyre cart for black marketing. In view of the aforesaid F.I.R. the licensing authority, Sub-Divisional Officer, Phulparas issued show cause notice No. 749 dated 5.6.1998 to the petitioner after suspending his licence as to why his licence should not be cancelled for violating the terms and conditions of the licence. The petitioner filed his detailed show cause along with enclosures in the office of the Sub-Divisional Officer on 11.6.1998 (Annexure-2). However, by the order dated 12.12.2000 the Sub-Divisional Officer, Phulparas cancelled the licence of the petitioner stating that he had not replied to the show cause nor submitted the documents relating to his shop (Annexure-4).