BALDEO CHOUDHARY BIJAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by order dated 18.05.2010 passed by the Deputy CommissionercumDistrict Magistrate, Ranchi and order dated 25.05.2013 passed by the Divisional Commissioner, South Chotanagpur Division, Ranchi in Misc. Appeal No.37 of 2010, the present writ petition has been filed.

(2.) Briefly stated, the facts of the case are summerised thus; The petitioner was granted license bearing No.311 of 1984 for wholesale dealership of kerosene oil and the license was renewed from time to time. On 06.05.2010, a showcause notice was issued to the petitioner which was replied by the petitioner on 07.05.2010, denying the charges in the showcause notice dated 06.05.2010. However, licensing authority cancelled License No.311 of 1984 vide order dated 18.05.2010. The petitioner preferred appeal against order dated 18.05.2010, which was numbered as Appeal No.37 of 2010 however, the said appeal was not decided expeditiously and therefore, the petitioner approached this Court in W.P.(C) No.5433 of 2010. The writ petition was disposed of vide order dated 22.11.2011 directing the appellate authority to dispose of the appeal preferred by the petitioner within three months. The appeal preferred by the petitioner was dismissed vide order dated 17.01.2012, challenging which the petitioner filed W.P.(C) No.945 of 2012. This Court vide order dated 08.01.2013 setaside the appellate order dated 07.01.2012 and directed the Divisional Commissionerappellate authority to pass a fresh order. Accordingly, the appeal was heard by the Divisional Commissioner, Ranchi and vide order dated 25.05.2013, order of cancellation dated 18.05.2010 was affirmed. In these facts, the petitioner has approached this Court.

(3.) A counteraffidavit has been filed stating that in spot enquiry of the petitioner's business premises, it was found that the wholeseller had supplied less quantity of kerosene oil to 7 thala vendors and neither proper firefighting equipment nor electronic measurement instrument was installed in the business premises. On the basis of report of spot verification, after issuing showcause notice to the petitioner, the license was cancelled vide order dated 18.05.2010 and finally, it has been affirmed by the appellate authority. In view of terms and conditions of license, the licensee is required to supply commodity in proper quantity/weight on prescribed price to the kerosene oil vendors. The licensee is also required to arrange safety measures including fire safety measures.