PARAS NATH PRASAD Vs. STATE

JUDGEMENT

(1.) The petitioner has challenged the validity of the order contained in Annex. 2 whereby the license granted to the petitioner for running a Bar in his hotel and restaurant was withdrawn.

(2.) The sole ground of challenge is that before withdrawing the license, no notice was issued to the petitioner and he was not given an opportunity of hearing. Thus, the order contained in Annex.-2 has been passed in violation of the principles of natural justice. It is further contended that the requirement of producing a certificate from the Tourism Department was not a condition for the grant of a license and, therefore, the order of withdrawal was passed on a non-existent ground.

(3.) The petitioner carries on business of Hotel and Restaurant in the name and style of 'New Hotel and Restaurant' in the town of Chaibasa. A Bar license for the year 1984-85 valid up to 31-3-1985 was issued in favour of the petitioner. He was authorised to carry on the Bar in the said Hotel for sale of potable foreign liquor. On the strength of the said license, the petitioner started selling potable foreign liquor in accordance with the terms and conditions of the license after paying all necessary fees and excise duties under the Act and the Rules. But without any notice to show cause as to why the license be not withdrawn for non-production of a certificate from the Tourism Department, an abrupt decision vide Annex. 2 was taken and the license was withdrawn on that ground. The petitioner, thereafter, also produced the certificate from the Tourism Department but the petitioner's business for sale of the foreign liquor remained stopped. On 15-2-1985, he made an application for renewal of the license for the next year 1985-86 and attached along with it a photostat copy of the certificate granted by the Tourism Department (Annex.-4) and the letter is Annexure 6.