- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner being aggrieved by the order no. 187 dated 3.6.2006 passed by the Deputy Commissioner, Pakur has preferred this writ application thereby the sub dealership of kerosene oil under 'Jan Kirasan Pariyojna' for Maheshpur Block in the name of the petitioner has been cancelled without giving opportunity and following the Principle of Natural Justice. It is the case of the petitioner that she was granted license under the Public Distribution System vide Annexure-3 under the 'Jan Kirasan Pariyojna' launched by the Ministry of Petroleum & Natural Gas. However, she was served notice on 3.6.2006 dated 31.5.2006 by which the respondents asked her to reply as to why the said license be not cancelled as the petitioner and other persons belonging to the same family had obtained the same license. It is submitted by learned counsel for the petitioner that the impugned order itself was passed on 3.6.2006 without giving any opportunity to the petitioner as the notice itself was served on 3.6.2006, which stipulated only two days time for filing the reply. It is further submitted that under the similar circumstance in W.P.C. NO. 553 of 2009 and other analogous cases by order dated 23.3.2009 this court was pleased to quash the impugned order of cancellation in respect of those petitioner on the ground of not having been given proper opportunity to show cause and order was passed in violation of Principle of Natural Justice. Learned counsel for the petitioner further submitted that she is not dis-entitled to obtain such license only because she belonged to the family of persons to whom other licenses have been granted as after her marriage she has stayed elsewhere and not residing with her family members.
(3.) RESPONDENTS have appeared and filed their counter affidavit in which they have justified the issuance of the impugned order by stating that member of the petitioner's family have obtained the license of kerosene Sub dealership under the 'Jan Kirasan Pariyojna' of the Central Government, which is contrary to the policies and that is why on notice the order has been passed. Learned counsel for the respondent no. 5, Indian Oil Corporation has submitted that by referring to Annexure-R5/A dated 29.12.2009 that under the representation of State Government the said 'Jan Kirasan Pariyojna' has been discontinued with immediate effect on all India basis and as such today in the year 2012 even if the impugned order is set aside, the petitioner will not be entitle to get any actual and effective relief, since the said scheme is no longer in existence. However the petitioner refuted the aforesaid contention by submitting that the ground on which the impugned order has been passed is wholly untenable without giving proper opportunity of hearing and without following the Principle of Natural Justice.;