PRADHUMAN CHAUDHARY SON OF LATE KRISHNCHANDER CHAUDHARY Vs. STATE OF BIHAR THROUGH THE SECRETARY, FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) All these cases have, been heard together and are being decided by this common order as in all of them the petitioners have challenged the orders of cancellation of their respective licences for running fair price shops on the same grounds on which their respective licences had been earlier suspended by the authorities concerned.

(2.) The point raised by learned counsel for the petitioners in all the aforesaid cases is that a punishment of suspension of licence has already been given to them and hence for the same offence another punishment of cancellation of their licences cannot be legally given to them by the authorities concerned in view of the provisions of the Central Government Public Distribution System (Control) Order, 2001 (hereinafter referred to as 'the Central Control Order of 2001' for the sake of brevity) followed by the Government of Bihar, Food Supply & Commerce Department, Public Distribution System (Control) Order, 2001, notified vide G.S.R. 1 dated 20.2.2007 (hereinafter referred to as 'the Bihar Control Order of 2001 for the sake of brevity).

(3.) On the other hand, learned counsel for the respondents in all the aforesaid cases vehemently opposed the contention of learned counsel for the petitioners and stated that the licences were granted to the petitioners under the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as 'the Bihar Licensing Order of 1984' for the sake of brevity) and hence the action for suspension/cancellation of such licences would be governed only by its provisions. Relying upon Clause 11 of the Bihar Licensing Order of 1984, it was claimed that the suspension of licences of the petitioners were merely interim measures during the proceeding for cancellation of such licences and hence there was no bar in cancelling the licence of such licensees, which had already been suspended. He further claimed that the Bihar Licensing Order of 1984 was concerned with the licensing matter, whereas, Central Control Order of 2001 and Bihar Control Order of 2001 were with respect to Public Distribution System and the latter cannot legally govern the former. Learned counsel for the respondents also relied upon a decision of the Single Bench of this Court in case of Punsraj Begawani & Another V/s. State of Bihar & Another,1987 PLJR 1150. Finally learned counsel for the respondents stated that the statutory appeal has been provided under Clause 28 of the Bihar Licensing Order of 1984 as well as under Clause 15 of the Bihar Control Order of 2001 and hence these writ petitions are not maintainable on that score also.