ASHOK KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for quashing the order as contained in Memo No. 119 dated 29.6.04 passed by the Sub -Divisional Officer Dhalbhum -cum -Licensing Authority, Jamshedpur whereby the petitioner's License No. 3/86 -Patamda issued to him for carrying on the retail trading business under the Public Distribution System has been cancelled. The petitioner has also prayed for quashing the appellate order dated 27.10.05 passed by the Deputy Commissioner, East Singhbhum, Jamshedpur in Miscellaneous Appeal No. 18/04 -05 whereby the Deputy Commissioner has dismissed the petitioner's appeal filed against the order of the Licensing Authority. The petitioner has also prayed for restoration of the agreement and original License No. 3/86 -Patamda in his favour.

(2.) THE case of the petitioner is that he was carrying on the retail business under the Public Distribution System under License No. 3/86 -Patamda in the Village -Bamni, P.S. Patamda, District -East Singhbhum. Some scrupulous villagers, who were mainly the supporters of the political party 'AJSU', with some ulterior motive and ill design lodged a malicious and mischievous information in Patamda Police Station alleging that they had seized a Mahindra Tractor bearing No. JH -O5 -A -5295 with 110 Litres of kerosene oil which was being carried for illegal sale. Patamda Police registered Patamda P.S. Case No. 140/04 dated 18.3.04. Simultaneously the Supply Inspector, Rationing, Patamda also made enquiry and inspected the petitioner's shop and verified stocks of the shop. The Supply Inspector also verified Ration Cards and also inquired from about 129 card holders. Only 25 out of them alleged that the petitioner had supplied them less quantity and entered more in their Ration Cards. The supply Inspector seized the stock and sale registers of the petitioner.

(3.) A notice to show -cause was issued to the petitioner by the S.D.O -cum -Licensing Authority asking him as to why appropriate action should not be taken against him on the alleged complain. The petitioner's license was suspended by the licensing authority.