RAMA SHANKAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) UPON joint request, this matter is taken up for final hearing today. The learned Counsel have offered their submissions during the course of the hearing.

(2.) THE main grievance of the petitioner in this writ petition has been that the suspension of his licence to run Fair Price Shop w.e.f. 25.6.2005 will have a life of 90 days in terms of the provision of Clause 11 Sub -clause (2) of the Bihar Trade Articles (Licenses Unification) ORDER :, 1984 (hereinafter referred to as the ORDER :) and that period has expired and during that period the so -called contemplated inquiry on the ground of contravention of the terms and conditions of the licence to run the Fair Price Shop has not been concluded.

(3.) CLAUSE 11 (2) of the ORDER :reads herein as under: - No ORDER :of cancellation shall be made under this clause unless the licensee has been given a reasonable opportunity stating his case against the proposed cancellation but during the pendency or in contemplation of proceedings of cancellation of licence, the licence can be suspended for a period not exceeding 90 days without giving any opportunity to the licensee of statings his case. Such suspension shall be limited only to those trade articles regarding which contravention has been made by the licensee.