JAYSHREE SERVICE STATION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for a direction on the respondent Nos. 3 and 4 to resume/restore the supply of Superior Kerosene Oil (for short 'SKO') to the petitioner-firm, suspended from July, 2010 and to revoke the suspension of the petitioner's license for selling SKO. According to the petitioner, the respondent No. 4 had issued a letter dated 2.2.2010 asking the petitioner to produce dealership agreement, LOI, LOA, sales tax registration, selling license, weights and measures license, etc. Due to dacoity in the office of the petitioner, certain documents could not be produced before the concerned authority. The respondents for that reason, suspended the license and stopped giving supply of articles. The respondent-company also intimated the same to the Deputy Commissioner, Giridih, who, by order dated 18.8.2010 suspended the petitioner's license. The Deputy Commissioner is said to have issued a show cause notice to the petitioner asking them to file reply within fifteen days, but the said letter was not received by the petitioner.

(2.) The grievance of the petitioner is that supply has been stopped by the respondent Nos. 3 and 4 without giving prior notice and opportunity of representation and without considering the circumstance under which certain documents could not be readily produced before them.

(3.) Learned counsel appearing on behalf of the respondent Nos. 3 and 4 submitted that the notice was properly served on the petitioner, but they failed to file reply and required document within the prescribed time. The supply of article was stopped due to the said reason and the lapse was reported to the licensing authority. Since the petitioner's license has been suspended, there is no question of resumption of supply of the article.