- (1.) Heard counsel for the parties.
(2.) The grievance of the petitioner in this writ application is against the impugned order of cancellation of the Public Distribution Shop license which was granted to her in 2004, on the grounds that her husband being a government employee, she is not eligible for the grant of license and that the authorities concerned have received complaint against the petitioner that she has been found indulging in black-marketing of food-grains.
(3.) Assailing the impugned order, learned Counsel for the petitioner submits that the impugned order is thoroughly illegal, arbitrary and contrary to the provisions of law. Learned Counsel argues that neither of the grounds on the basis of which the license has been cancelled, is tenable. The petitioner has not violated any of the terms and conditions of the license which was issued to her under Bihar Trade Articles license and Unification Order, 1994. Learned Counsel explains further that the ground of the petitioner's husband being a government employee as being an in eligibility, was never imposed as a condition for cancellation of license. Therefore, the said plea cannot be taken by the respondents. As regards the second ground regarding receipt of allegations against the petitioner, learned Counsel submits that no inquiry was conducted in support of any such alleged complaint in the petitioner's presence, nor was the petitioner invited to any such inquiry if at all conducted and the decision taken in the matter relating to the alleged complaint was a unilateral decision of the respondent authorities.;