- (1.) THE present Letters Patent Appeal has been filed against the order dated 21.12.2012 passed in W.P.(C) No. 1277 of 2008, whereby the learned Single Judge dismissed the writ petition filed by the appellant.
(2.) THE appellant was holding wholesale oil license No. 07/89 and 08/89 which was granted under the provision of the Bihar Trade Articles License Unification Order, 1984. The said license was cancelled on the ground of violation of terms and conditions of license. A criminal case was lodged against the appellant under Section 7 of the Essential Commodities Act and under Section 120B of the Indian Penal Code in Barharwa P.S. Case No. 54 of 1997.
(3.) A Final Form was submitted by the Investigating Agency on the ground that there is no sufficient evidence against the accused to proceed with the case. The said Final Form was also accepted by the Court vide order dated 20.09.2007. Thereafter, by an application dated 01.10.2007, the appellant preferred an application to the respondent no.2 for renewal of the Wholesale Kerosene Oil Licence Nos. 07/89 and 08/89 and the said application was rejected by memo no. 01 dated 02.01.2008. The appellant challenged the said order in W.P.(C) No. 1277 of 2008. The learned Single Judge has held that the licensing authority is entitled to take its independent view in respect of the cancellation of the license as also to the request for renewal made by a person irrespective of acquittal in a criminal case. The learned Single Judge further held that the impugned action of the respondents, refusing renewal of the license, cannot be found fault with as no legal right accrued to the petitioner in order to seek a direction upon the respondent for renewal of his old license. On these grounds, the learned Single Judge dismissed the writ petition.;