SRI SINGH STORE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these similar writ petitions were heard together.

(2.) It is submitted by Mr. Agrawal that licence has been cancelled by the impugned order dated 19th August 2009 jointly passed by the Deputy Commissioner and Special Officer-cum-Additional Deputy Commissioner, East Singhbhum, Jamshedpur whereas the Licensing authority is the Special Officer. He further submitted that Government has appointed the SDO as the Licensing Authority for the rural area and the Special Officer for the urban area, so far as the retail dealers are concerned. Petitioner is running a fair price shop as a retail dealer and therefore, the Deputy Commissioner being the Appellate Authority, could not have passed the order of cancellation along with the Special Officer.

(3.) On the other hand, Mr. Abhay Prakash, learned Counsel appearing for the State, submitted that the Licensing Authority means an officer not below the rank of SDO appointed by the State Government and therefore, it may be above the rank of SDO. But he could not show that the Deputy Commissioner has been appointed as the Licensing Authority for the retail dealers. Moreover, it is specifically stated in the counter-affidavit that the Special Officer is the Licensing Authority, so far as the Petitioner is concerned. He further submitted that as the order has been passed by the Deputy Commissioner/Collector, the Petitioner can file appeal before the Commissioner.