SUNIL PASWAN Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) The petitioner was a fair price shop dealer in essential commodities. Consequent upon an inspection/raid it was alleged that the petitioner had violated Essential Commodities Act. The allegations are that the petitioner had sub-let the license to one Ramesh Yadav who was running the shop illegally, and there were lot of complaints. On inspection, the display board was not found affixed, cash memo and registers were not found, physical verification of the articles of essential commodities also showed shortcomings, weights of different dimensions and other articles were also found. An F.I.R. was lodged. The petitioners goods were confiscated under the Essential Commodities Act by the order of Deputy Commissioner. Apart from confiscation, the Deputy Commissioner also cancelled the license of the petitioner. An appeal was preferred by the petitioner in which the order of confiscation was maintained by the District Judge but the cancellation was set aside on the ground of lack of independent cancellation proceedings under the Bihar Trade Articles (Licenses Unification) Order, 1984.

(2.) Subsequently, a mere show-cause notice was issued to the petitioner and after considering the reply the fair price shop license was cancelled.

(3.) The petitioner has approached this Court under Art. 226 of the Constitution of India on the ground that a mere show- cause notice is not sufficient in compliance of the cancellation procedure.