GANGA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the order dated 23.11.2003 passed by S.D.O., Ramgarh cancelling the petitioners license by non -speaking order. He has further prayed for quashing the order dated 13.9.2005 passed by the Deputy Commissioner in Misc. Appeal No. 16/2005 as also the order dated 24.4.2007 passed by the Commissioner, North Chotanagpur, Hazaribagh in PDS Revision No. 35 of 2006, whereby the said appellate and revisional authorities have upheld the order of the S.D.O, dismissing the petitioners appeal and revision.

(2.) ACCORDING to the petitioner, he was granted Fair Price Shop License being No. 1/03. He had been running the said shop properly. He never violated any terms of the licence or any provision of law. However, a case was lodged under Section 7 of the Essential Commodities Act being Ramgarh P.S. Case No. 196/03 alleging that some articles were found in a godown said to be run by his brother -in -law, namely, Raj Kishore Saw. Thereafter, a show cause notice was issued to the petitioner by the Sub -Divisional Officer, Ramgarh, Hazaribagh asking the petitioner as to why the petitioners licence should not be cancelled. By the said order, petitioners licence was also suspended on the said ground. The petitioner filed his reply stating, inter alia, that the godown, which was searched and from which the materials were seized, does not belong to him and he has got no concern with the same at all. The petitioner is neither owner nor he is a tenant of the said godown. The petitioner has further submitted that no irregularity has been committed by him and he has not violated any term of the licence or the provision of law and his PDS shop can be inspected and truth can be elicited. The petitioner, thus, prayed for revocation of the order of suspension of his licence.

(3.) LEARNED counsel for the petitioner submitted that from the impugned order, it is evident that there is no allegation of violation of any term of licence granted to the petitioner nor there is allegation of violation of any provision of law against him. The only ground on the basis of which the petitioners licence has been cancelled is the FIR lodged in Ramgarh P.S. Case No. 196/06. Only allegation made in the FIR is that on enquiry, the Circle Inspector - Informant came to know that a godown was used by the petitioners brother -in - law, Raj Kishore Saw. It was alleged that from the said godown, six gallon (50 -50 Ltrs each) Kerosene Oil found loaded on Tempo. There is no allegation that the said Kerosene Oil was of PDS shop of the petitioner or he had got any concern with the said godown from where the alleged seizure was made. In the reply to the show cause, the petitioner has categorically denied to have any connection or concern with the said godown. There was no contrary material on record to hold that the petitioner has got any connection with the said godown. Only on the basis of the said allegation that the petitioner, who was operating the godown, happens to be the brother -in -law, this licence has been cancelled, which cannot be a ground of cancellation of petitioners licence. Learned counsel urged that the orders passed by the Licensing Authority as also by the appellate and revisional authorities are mechanical and non -speaking and the same have been passed without any application of mind and the same are illegal and are unsustainable.