KASHI RAM BANSHIDHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the counsel appearing for the State.

(2.) THIS application has been filed for quashing the order dated 23.12.04, passed by the Divisional Commissioner, Munger in Begusarai Supply Appeal Case No. 4/2000 -01 affirming the order dated 23.11.2000 passed by the Collector, Begusarai cancelling the licence No. 164/1985 issued in favour of the petitioner on the ground that the petitioner has violated Clause 6, 8 & 9 of the terms and conditions of the licence granted under the provisions of Bihar Trade Articles (Licence Unification) Order 1984. Petitioner is the wholesale dealer of Kerosene Oil.

(3.) PETITIONER 'scase is that for the same allegation, the Confiscation Proceeding was initiated as well as the licence of the petitioner was cancelled. The order passed by the Collector in the Confiscation case has been quashed and the seized articles was directed to be released in favour of the petitioner. It tantamounts that the allegation made against the petitioner so far keeping the excess Kerosene oil for the purpose of black marketing has been found to be false. Once such allegation has been found to be false, there is no reason for cancelling the licence of the petitioner which has also been cancelled on the basis of same report of the Executive Magistrate. If the same act has been found false by one court of the competent jurisdiction, for the same act, he cannot be punished by way of cancellation of his licence, for violation of some of the Clause of the terms and conditions of the licence. Confiscation Proceeding was initiated as well as the licence was cancelled for same allegation which has not been proved, as such, the cancellation order should also be quashed and his licence be restored.