ARVIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Impugning the order dated 22.12.1995 passed in CWJC No. 3341/95 (R), the petitioner/appellant has preferred this LPA.

(2.) In the writ application the orders dated 14.11.1995 and 15.1.1995 passed by the respondent Nos. 2 and 3 respectively were impugned, by reason of which the office and godown of the petitioner for storing liquified petroleum Gas (LPG) were sealed and closed. A prayer was also made for quashing the report dated 14.11.1995 (Annexure-4).

(3.) The petitioner was granted a licence for distributing LPG to the consumers by the Indian Oil Corporation for the Municipality of Garhwa town. The deputy Collector of Garhwa was deputed by the Deputy Commissioner to supervise the distribution work of the petitioner. One Nathun Prasad Keshari lodged a complaint against the petitioner for doing black marketing in LPG arid on the basis of the said complaint; the respondent No. 2 directed the Block Supply Officer and Supply Inspector to inspect all the documents and registers maintained in the office and godown of the petitioner. It is stated that though the office hour was 10 AM to 5 PM but with some mala fide intention the respondent No. 3 visited the premises of the petitioner at 6.30 PM on 14.11.1995 and sealed the office and a copy of same was communicated to the Manager of the godown on 15.11.1995. On 15.11.1995 the out-side gate of the godown of the petitioner was also sealed and a lock was put on the same. The order dated 14.11.1995 was challenged on the ground that the Deputy Commissioner being the licensing authority, the respondent No. 2 the Sub-divisional Officer had no jurisdiction to make an enquiry into the same. On these grounds, prayer was made to quash those orders and to remove the seal, of the godown as well as the shop premises of the petitioner.