NANDJI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the petitioners were licence-holders under Bihar Trade Articles (Licences Unification) Order, 1984 and they are aggrieved by cancellation of their licence, vide orders as contained in Annexures 5 and 5/A, which were confirmed, in appeal by order as contained in Annexure - 8.

(2.) The ground for cancellation is that the Petitioners do not belong to the Gram Panchyat in which they are running their fair price shop. The action has been sought to be supported by an executive decision contained in Annexure 6 dated 8.10.1980. The said executive decision is if prior date to the coming in force of the Unification Order of 1984 and in any case once licences were granted on material disclosed by the petitioners, it will be deemed that such requirement, if any, was waived. Further cancellation of licence is a serious matter and it can be done only on the ground permissible under law, which must be found in the Unification Order or in the terms of licence itself.

(3.) It has been further submitted that cases of similarly situated persons have been allowed by art order dated 12.11.1998 passed in CWJC No. 2492/97 (R) and other analogous case.