SINGH BROTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. N. K. Agrawal, Senior Advocate appearing for the petitioner and Mr. Alamdar Husain, S. C. VI representing the State.

(2.) THE petitioner holds a wholesale dealer's licence for Kerosene oil. He came to this Court with the grievance that though his licence was subsisting (it was neither suspended nor cancelled by the competent licensing authority), the allotment of monthly quota of K. oil was stopped in his favour by an order passed by the Collector, Saran under his memo No. 427, dated 24-6-2003 (Annexure 3 ). Mr. Agrawal strongly contended that the direction to stop the allotment of monthly quota of K. oil to the petitioner even though his licence was subsisting was ex facie bad and illegal and called for an interference by this court.

(3.) COUNTER affidavits are filed in this case but unfortunately, care was not taken to state the facts accurately. In the counter affidavit filed on behalf of the Collector, Saran that was affidavited by the Dist. Supply officer, it was stated in para 3 that the petitioner's licence was under suspension. On further investigation it came to light that the statement was incorrect and as stated by the petitioner no formal order was ever passed by the licensing authority putting the petitioner's licence under suspension. Mr. Alamdar Husain tenders apology for incorrect statement in the counter affidavit filed on behalf of the Collector which is accepted.