- (1.) HEARD.
(2.) ONE show cause notice dated 22.6.2010 was issued to the petitioner on the basis of a complain of the villagers/card holders made to the Deputy Commissioner alleging that he was not a person of same Panchayat and was not distributing food grains/kerosene etc. properly. Petitioner filed his show cause. By the impugned order dated 12.8.2010, the license was cancelled inter alia on the following grounds. The local people do not want to take ration from the shop of the petitioner, rather they want to take it from other agency. As per clause 3 of Memo No. 8444 dated 8.10.1980, the licensee should be a person of the same Panchayat/Ward. Petitioner's son is accused in rape case. If the petitioner is allowed to run the shop, there are chances of law & order problem. Mr. Agarwal, learned counsel for the petitioner, submitted that license can be cancelled only if contravention of any of the terms and conditions of the license is found. He further submitted that the said Circular dated 8.10.1980 became redundant after coming into force of Bihar Trade Articles ( Licenses Unification) Order, 1984. ( Licensing Order for short). Petitioner was granted license in the year 1984. Mr. Akhtar, appearing for the State, supported the impugned order.
(3.) THE impugned order cannot be sustained for the following reasons. THE licensing authority has not given a clear finding on the allegation made in the show cause that petitioner was not distributing foodgrains/kerosene etc properly. THEre is no finding that petitioner has contravened any of the terms and conditions of the license. THEre is no finding how after coming into force of licensing order the said Circular dated 8.10.1980 could be relied for cancellation of license. Suspension and cancellation of license can be done in terms of clause 11 of the Lecensing Order, if contravention of any terms and conditions of the license is found. Thus, the license has been cancelled on irrelevant grounds. In the circumstances, the impugned order 22.6.2010 is set aside and the matter is remitted back to the licensing authority for passing a fresh order after giving opportunity of hearing to the parties, in accordance with law.;