BHAIRAV KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the Memo No. 275/Aa dated 31.7.2006 (An -nexure -1) passed by the Licensing Authority -cum -Sub - divisional Officer, Dhanbad whereby the petitioners license for Public Distribution Shop has been put under suspension with immediate effect. It has been stated that the petitioner was given license to run the P.D.S. shop in the year 1991. He had been running his said shop without any complain to the satisfaction of all concerned. Suddenly by order dated 31.7.2006, the petitioners license, along with others, was put under suspension. A show -cause notice was issued asking the petitioner and others to explain as to why their licenses be not cancelled. The petitioner submitted his reply immediately thereafter. But till date no order has been passed revoking the suspension of the petitioners license. The petitioner made several requests and representations, but till date no order has been passed.

(2.) A counter -affidavit has been filed on behalf of the respondents stating, inter alia, that one Truck bearing Registration No. WP -15A -2764 loaded with 35 drums of kerosene oil was intercepted and seized by the In -charge Block Supply Officer on 26.7.2006. On the drums seized by him names of six P.D.S. dealers were fount written out of which the petitioner was on of those PDS dealers. On the said seizure, the petitioners license was suspended by order dated 21.7.2006 and a criminal case was also lodged against the petitioner and other PDS dealers.

(3.) LEARNED J.C. to G.P. I, on the other hand, submitted that though a specific provision under Clause 11(2), as submitted by learned Counsel for the petitioner, the petitioner is also an accused along with others in a criminal case.