ANITA KACHHAP Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing the order dated 19.2.1997 (Annexure-8) passed by the Deputy Commissioner, Ranchi, cancelling the licence of the petitioner's fair-shop price on the ground that the respondent No. 3 without following the procedure illegally issued the licence in favour of the petitioner.

(2.) The case of the petitioner is that the petitioner's husband applied for issuance of licence under the Bihar Trade Articles (Licences Unification) Order, 1984 in the year 1991 and a licence was granted to the husband of the petitioner and he conducted business under the aforesaid licence. However, the petitioner's husband became seriously ill and was suffering from pulmonary tuberculosis (TB) and the doctor advised him to a take complete rest and to keep himself aloof from work. In order to sustain the family, the petitioner applied for licence in the year 1996 for a fair-price shop and the same was granted after a detailed inquiry after the licence was granted the petitioner started business. However, suddenly, by notice dated 2.11.1996, the petitioner was informed about the date fixed on 8.11.1996 under Section 28 of the aforesaid Unification Order. The petitioner was also noticed to show cause as to why his licence should not be cancelled. Pursuant to the said notice, the petitioner filed his show cause and explained the circumstances. The Dy. Commissioner, however, after hearing the parties, passed an order on 19.2.1997 whereby his licence was cancelled.

(3.) The case of the respondents, as stated in the counter affidavit is that the proceeding for cancellation of the licence was initiated under Section 28 of the Unification Order on the grant that while granting the licence to the petitioner, the licencing authority namely the special officer (rationing) had not followed the procedure provided under the Unificated Order. It is further stated that there is no provision for transfer of licence and the licence authority illegally transferred the licence on compassionate ground.