HARENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner seeks quashing of the order dated 31.1.2005 passed by the Collector, West Champaran at Bettiah, whereby the licence granted to the petitioner for vending of stamps including court fee stamps, has been cancelled.

(3.) It is submitted that upon the recommendation of the District Judge, the respondent no. 2, i.e., the Collector, West Champaran had granted licence bearing No. 8/82-83 to the petitioner on 20.12.1982 for selling Court Stamps etc. in the premises of Civil Court, Bagaha under the provisions of the Indian Stamp Act, 1899 and the Court Fees Act, 1870 . Thereafter, the petitioner was continuously selling the stamps and court fee within the premises of Civil Court for about 22 years. Although there was no written complaint against the petitioner, the respondent no. 4, the Sub- Divisional Officer, Bagaha had searched the residential house of the petitioner situated at Bagaha on 8.12.2003 and submitted some report to the Collector. The petitioner was directed to file a show cause vide letter dated 10.9.2004, which is appended as Annexure-5. Petitioner submitted his show cause taking several grounds. A copy thereof stands appended as Annexure-6. However, his licence has been cancelled by the impugned order as contained in Annexure-7. At the time of hearing the petitioner has confined his argument only to one issue that his show cause has not been considered and discussed at all in the impugned order as contained in Annexure-7 by the Collector, West Chamapran.