OM NARAYAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner a cement dealer, has filed this writ application challenging the validity of the order dated 7-1-1982 (Annexure 2) cancelling his cement licence.

(2.) The relevant facts are these: The petitioner obtained a licence for carrying on business in cement under the provisions of the Bihar Cement Control Order, 1972, from the District Magistrate, Purnea. It appears that he was allotted certain quantity of cement by the office order of the District Supply Officer, Purnea, under Memo, dated 9-8-1982 for the third quarter of 1982, but he did not lift the allotted quota in spite of reminders. For this failure on the part of the petitioner the District Supply Officer by his memo, dated 13-10-1982, after stating the said lapse on the part of the petitioner, asked him to submit an explanation as to why his licence be not cancelled for violating the conditions of the licence. Although copy of the 'cause' shown by the petitioner has not been filed, it has been stated by him in his application that in the year 1982 he had suspended his business for a few months on account of the serious illness of his minor son.

(3.) Be that as it may, the impugned order passed by the District Magistrate cancelling the petitioner's licence states that the above ground, i. e., the illness of his son, was illogical and accordingly he passed the order of cancellation. The petitioner has filed this application against the said order.