LAWS(PAT)-2009-2-86

ANAND JHA Vs. STATE OF BIHAR

Decided On February 11, 2009
Anand Jha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

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

(2.) THE petitioner being aggrieved by an order dated 26th June, 2008 passed by the licensing authority, the Sub -Divisional Officer, Phulparas and its affirmance in the appellate order dated 22.11.2008 passed by the Collector of Madhubani District has moved this Court on the ground that though he was subjected to a show cause notice pointing out the anomalies but when the petitioner had filed his show cause reply the same was not considered and a mechanical order rejecting such show cause reply was passed in the process of cancellation of licence. He has also submitted that the appellate order of the Collector is suffering from same vice of non -application of mind, inasmuch as he too has not considered the explanation of the petitioner.

(3.) IT is to be borne in mind that such show cause notice was issued on the basis of personal inspection conducted by the licensing authority himself with a team of officials including the Block Supply Officer, Ghoghardiha, Block Supply Officer, Lokahi on 18.6.2008 at 11.55 A.M.