LAL CHAND MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has prayed for quashing the order dated 13.12.2011 passed in Ranchi Revision Case No. 36 of 2011 by the Commissioner, South Chhotanagpur, Ranchi (respondent no.2) whereby he dismissed the revision filed by the petitioner. The petitioner has further prayed for quashing the appellate order passed by the Deputy Commissioner, Ranchi in License Appeal No. 130 R 15/2008-09 by which the petitioner's appeal was dismissed. The petitioner has also prayed for quashing the order dated 06.12.2008 passed by respondent no.4, whereby the petitioner's license granted under Public Distribution System under Bihar Trade Articles has been cancelled. The impugned orders have been challenged on the ground that the orders of the Licensing Authority, Appellate Authority as well as Revisional Authority are mechanical, illegal and not sustainable. It has been stated that the show-cause notice dated 27.10.2008 was issued to the petitioner by the Sub-Divisional Officer, Sadar, Ranchi, who is the Licensing Authority, alleging that the several irregularities were found in the shop of the petitioner which included involvement in black marketing and not distributing the prescribed quantity of articles such as rice, wheat and kerosene oil etc. to the Red/Yellow Card holders and other Card holders, names of Red/Yellow Card holders were not exhibited the articles are sold on higher price than the prescribed price and depriving the Card holders by saying that no article is supplied for Red Card holders. Notice was issued at the behest of the Deputy Commissioner; who is the Appellate Authority, who had accorded sanction for cancelling the license. The Licensing Authority on the said basis has cancelled the petitioner's license by the impugned order on the only ground that the explanation given by the petitioner was not found satisfactory. There was no application of mind of the Licensing Authority on the facts and materials and the order was non-speaking. The petitioner filed appeal against the said order but the Appellate Authority also did not consider the grounds of appeal and dismissed the appeal. The petitioner, thereafter, preferred revision before the Commissioner, South Chhotanagpur. Learned Revisional Authority dismissed the revision without appreciating the ground.

(2.) It is submitted that all the said orders were passed without proper application of mind and the same are illegal.

(3.) The respondents contested the writ petition by filing counter affidavit and stating inter-alia, that several complaints about the irregularities in the shop of the petitioner were reported before the concerned authority by the Card holders. On the basis of the allegations, a show-cause notice was issued to the petitioner and sanction was also obtained from the Deputy Commissioner, Ranchi for cancellation of the petitioner's licence. The petitioner was given opportunity to file his reply. The petitioner filed reply, but it was not found satisfactory. The Licensing Authority, thus, passed the order canceling the petitioner's license. The Appellate Authority as well as the Revisional Authority has also considered the facts and materials on record and after proper appreciation, rightly dismissed the appeal and revision filed by the petitioner.