STATE OF JHARKHAND Vs. CHAMPA PATHAK

JUDGEMENT

(1.) Writ petition was filed seeking quashing of order dated 11.07.2005 whereby licence no. 7/2005 pertaining to Retail fair price shop granted to the respondent was cancelled. A further prayer for quashing of order dated 17.08.2011 in E.C. Act Appeal No. 81R15/200506 passed by the Deputy Commissioner, Ranchi was also made. By the impugned order dated 05.12.2012 the writ petition was allowed and order dated 11.07.2005 issued by the Sub Divisional OfficercumLicensing Authority, Ranchi and order dated 17.08.2011 passed by the Deputy Commissioner, Ranchi were quashed holding that the cancellation was wholly arbitrary, illegal and violative of Article 14 and 19(1)(g) of the Constitution of India. Aggrieved, the State of Jharkhand has preferred the present Letters Patent appeal.

(2.) The brief facts of the case are that, on 11.05.2005 a licence bearing no. 7/2005 was issued in the name of the respondent and articles for distribution through the Retail fair price shop were allotted to the respondent. However, without issuing any showcause notice and opportunity of hearing, the licence granted to the respondent was cancelled on 11.07.2005 by the SubDivisional OfficercumLicensing Authority, Ranchi on the ground that earlier a licence vide Licence no. 97/1984 was issued in the name of husband of the respondent. The respondent approached this Court in W.P. (C) No. 4603 of 2005 which was disposed of by order dated 16.11.2005 with an observation that the respondent would be at liberty to avail the alternative remedy of statutory appeal. Accordingly, the respondent filed E.C. Act Appeal No. 81R15/200506 before the Deputy Commissioner, Ranchi which was dismissed on 17.08.2011. In these facts, the respondent preferred W.P.(C) No. 6006 of 2011 which has been allowed by the impugned order dated 05.12.2012.

(3.) We have heard the learned counsel appearing for the parties and perused the documents on record.