RAJU PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) DEALERSHIP licenses of the petitioners were suspended vide order dated 25th March, 2006 and they were asked to submit show cause as to why their licenses be not cancelled. All the petitioners filed their respective show cause.

(2.) GRIEVANCE of the petitioners is that no final order has been passed till date and the suspension of the licenses has continued beyond ninety days, which is impermissible in terms of Clause 11 of the Bihar Trade Articles (Licenses Unification) Order, 1984, which inter alia, provides for suspension of license not beyond ninety days.

(3.) THERE are three letters, contained in this Annexure, and all these letters are addressed only to petitioner no. 1. There is no such communication to other petitioners, asking them to produce the documents. Therefore, the contention of the respondents that they could not decide the matter within ninety days in respect of all the petitioners cannot be accepted. However, the issue will be decided in the main writ application. At this stage a direction is issued to the respondents to allow petitioner nos. 2 to 9 to operate their licenses in view of the mandatory provisions of Bihar Trade Articles (Licenses Unification) Order, 1984. However, authorities are at liberty to pass the final orders. It is open to petitioner no. 1 to respond to the communication, contained in Annexure -C to the counter affidavit. Place this matter after, four weeks.