BRAJ KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) POINTS involved in all these cases, being common, they have been heard together and are being dispossed of by this order.

(2.) THE petitioners - are Fair price Shop Dealers, having licences under the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter to be referred to as the 'Licensing Order '). They are aggrieved by •the impugned action of the District Magistrate and the Subdivisional Officers of the concerned districts,whereby steps have been taken to cancel their agreements and licenses in purported compliance of the letter of the Secretary, Food, Supply & Commerce, bearing memo no. 1355 dated 26th March, 1998.

(3.) IT was contended on behalf of the . petitioners that from a bare reference to the facts brought on the record, there appeare no allegation whatsoever against the petitioners that they had violated any of the terms and conditions of this licence of Government order issued in this regard. Nor there is any material to show that petitioners were given any opportunity to file show case against the proposed action. It has already been settled by various decisions of this Court as well as the apex court that neither licences granted under the licensing order nor any agreement thereof can be cancelled without extending a reasonable opportunity to a licensee and that too, if there is any violation of the condition of the licence or Government 's order. Reference in this regard was also made to clause 11 of the Unification order to show that a licence cannot be suspended for a period more than three months in a case where an inquiry under that clause is undertaken for contravention of the terms and conditions of the licence. In the event of contravention of the terms and conditions of the licence is proved, the licence can be suspended or cancelled only in relation to the articles to which the contravention relates.