NATHU KUMAR JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to renew and return the Wholesale Kerosene Oil Licence No. 1/Bagh/ 89 (SKO). Petitioner has further prayed for a direction on the respondents to delete the name of any third person, if inserted in the licence, which is not permissible in view of the provisions of Clause -9 of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter to be referred as the 'Unification Order).

(2.) ACCORDING to the petitioner, the licence for Whole Kerosene Oil was granted to M/s. Chhitar Mal Nathu Mal and Sons, which was a proprietorship firm. The petitioner has applied for renewal of the said licence before the Licensing Authority on 24th April, 2007, but the Licensing Authority has not returned the licence to the petitioner after renewal.

(3.) I have heard learned Counsel for the parties and considered the facts and materials on record and have also considered the provisions of Clause -9 of the said Unification Order, Clause -9 of the Unification Order runs as follows: 9. Addition and alternation to licence. -The Licensing Authority after giving due opportunity may take necessary additions, deletions and alterations in the entries made in the licence relating to godown, place of business, names of partners, trade articles etc., on the application of the licensee.