MD FAKRUDDIN KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India whereby and whereunder a writ in the nature of writ of certiorari has been sought to be issued for quashing the order dated 31.08.2018 (Annexure-2) by which permit of the petitioner being Permit No.17 of 2013 for the Route- Ranchi to Ambikapur and Permit No.47 of 2015 for the Route- Gumla to Ambikapur has been cancelled.

(2.) It is the case of the petitioner that if there is any irregularity and violation of the terms of conditions of the permit or any statutory Rule applicable, the permit/permits can be cancelled but before taking such decision the principle of natural justice is to be provided i.e. mandate of the statute also.

(3.) Mrs. Richa Sanchita, learned G.A.-V, appearing for the State of Jharkhand, has argued out the case by submitting that it is a case of commission of forgery committed by the petitioner, since for a vehicle two permits is being utilized by the petitioner i.e. Permit No.17 of 2013 and Permit No.47 of 2015 for a route for the vehicle No.JH-03K-2693 and therefore the same is contrary to the terms and conditions of the permit and hence the decision has been taken by the competent authority by resorting to the provision of Section 86(a)(d) for cancellation of permit and therefore, there is no infirmity in the aforesaid, hence the impugned order may not be interfered with.