ADITYA KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the order dated 11.9.2008 (Annexure-5) passed by the Sub-Divisional Officer, Khunti, whereby he has cancelled the Fair Price Shop license of the petitioner and also the order dated 16.1.2012 (Annexure-7) passed by the Deputy Commissioner, Khunti dismissing the petitioner's appeal. Learned counsel appearing on behalf of the petitioner submitted that the impugned orders are mechanical, illegal and wholly without jurisdiction. The said orders have been passed without complying with the mandatory provision of law.

(2.) It has been submitted that Clause-11(2) of the Bihar/Jharkhand Trade Articles (Licenses Unification) Order, 1984 provides for giving reasonable opportunity to the license to file his reply against the proposed cancellation. But only three days' time was given to the petitioner for filing reply to the show-cause. Giving only three days' time is itself contrary to law and blatant violation of principle of natural justice, inasmuch as the licensing authority has illegally held that since reply has not been received within three days, it is deemed that the allegation has been admitted by the petitioner. On the said presumption the petitioner's valuable right has been denied and license has been cancelled by a cryptic order.

(3.) The petitioner filed appeal before the Deputy Commissioner, Khunti taking several grounds but learned Deputy Commissioner, Khunti also repeated the order of the licensing authority and dismissed the appeal without judicious application of mind.