RAJ KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as Mr. Dayanand Singh, learned Standing counsel-Y for the State.

(2.) Although the petitioner was required to move in appeal against the impugned order instead of directly invoking the writ jurisdiction of this Court, as alternative remedy of appeal is available under the Statute, but as the case has already been admitted on 6-11-1989 and statutory period for filing an appeal against the impugned order has elapsed during the pendency of this application before this court, the present case is being disposed of on merit. But, this shall be an exception and will not be treated as a precedent in other similar cases.

(3.) The present writ application has been directed against the order of the District Magistrate, Gaya dated 6th September 1989 passed in Case No. 83 of 1989 vide Annexure-3, by which the licence of the petitioner granted under the provisions of the Bihar Trade Articles (Unification of Licences Order 1984 bearing Licence No. 53 of 1986 has been cancelled.