GANESH PRASAD SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) UPON a joint request of learned counsels appearing for the parties, the matter is take up for final hearing. Therefore, Learned counsels are heard and the matter is being decided today itself.

(2.) THE petitioner has questioned the legality and validity of the order contained in memo no. 219 Aa dated 30.9.2003, annexure 5 to the petition, passed by the Sub -divisional Officer, Ara, respondent no.3, whereby and whereunder, the licence No. 102 of 1986 given to the petitioner under the Public Distribution System for Fair Price Shop in terms of the provisions of the Bihar Trade Articles (Licenses Unification) Order 1984 (the Unification Order) issued under the Essential Commodities Act, 1955, came to be cancelled and the petitioner's contention has been that the same is against the provision of law and without jurisdiction.

(3.) AT this stage, let there be a reference to the provisions of Clause 11 of the said Unification Order of the Government which read herein as under: "11. Suspension and cancellation of Licence: -(1) If any licensee or his agent or servant or any other person acting on his behalf contravenes any of the terms and conditions of the licence, then without prejudice to any other action that may be taken against him under the Essential Commodities Act, 1955 (Central Act 10 of 1955) his licence may be cancelled or suspended" with regard to one or more trade articles by an order in writing of the Lincensing Authority and an entry will be made in his licence relating to such suspension or cancellation. (2) 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 stating his case. Such suspension shall be limited only contravention has been made by the licensee."