- (1.) Aggrieved by order dated 15.10.2008 passed by the Sub-Divisional Officer, Chas whereby the retail trade license No. 15/BRA/97 issued under the Bihar Trade Articles (Licenses Unification) order 1984 was cancelled and the order dated 11.08.2009 whereby the Misc. Appeal No. 125 of 2008 preferred by the petitioner has been dismissed, the petitioner has approached this Court by filing the present writ petition. The brief facts of the case shorn of unnecessary details are stated thus: "The petitioner was granted retail license for running a Fair Price Shop in the year, 1997 and since then it was renewed every year on payment of requisite fee. A notice dated 25.07.2008 was issued to the petitioner requiring him to show-cause for the following irregularities noticed: "(i) Shop was found closed at the time of inspection. (ii) Notice board containing name of licence, licence No. place found but no space left for display of more information, therefore, it appears outside shop stock of K. Oil, Quantity, sale rate have never been displayed. (iii) Earlier also tried to make inspection but the shop was never found open. (iv) List of beneficiaries not found displayed. (v) Shop is in a jhopri of which card holders have no information. (vi) Some card holders alleged that K. oil is not distributed. (vii) On 12.7.2008 lifted 400 Lts. of K. Oil but as shop remain closed must have sold in black market."
(2.) The Sub-Divisional Officer opined that in view of the irregularities noticed above, it appears that the petitioner was selling kerosene oil in black market and accordingly, he was directed to produce Stock Register, Sell Register and Unit Register for the year, 2007-08 and 2008-09. The license of the petitioner was suspended in the meantime, though no hearing was afforded to the petitioner before suspending the license. The petitioner submitted his reply on 04.08.2008 taking a specific plea that he was suffering from fever and that was the reason on 20.07.2008 the shop was closed. Along with reply dated 04.08.2008 a medical certificate and copies of Stock Register, Unit Register, Sell Register etc. were also submitted. The petitioner was further directed to file an affidavit and also a consolidated show-cause as the reply dated 04.08.2008 was found not satisfactory. In view of the verification made through Block Supply Officer another notice dated 28.08.2008 was issued to the petitioner for cancellation of the license. On 20.09.2008, the petitioner submitted a reply stating as under: "(i) Pursuant to earlier notice to show cause dated 25.7.08 (Annexure-1) show cause reply has been filed on 04.08.08 (Annexure-3). (ii) Affidavit in support of photo copy of stock Sale, Unit register has already been filed on 26.08.08. (iii) Alleged enquiry conducted from 13 cardholders by the Block Supply Officer B.S. City is concerned the same is misleading. The cardholders have given in writing that they are regularly getting the supply of K. Oil. (iv) So far as transfer of 2 cardholders is concerned the petitioner had no information whenever Card is produced the petitioner has to supply K. oil. (v) Tapeshwar Sharma-Maheshwar Sharma at 2 places is human error. (vi) Wife of S.N. Chokravorty has given in writing that she gets K. oil from the shop of petitioner. (vii) Difference in signature is due to the fact that the person taking delivery signs it as he likes causing difference in signature. (viii) Whenever/whatever direction was given it was complied with."
(3.) Vide letter dated 15.10.2008 the license bearing no. 15/BRA/97 issued to the petitioner was cancelled. Aggrieved by order dated 15.10.2008, the petitioner preferred an appeal before the Deputy Commissioner under Clause 23 of the Unification Order and it was registered as Misc. Appeal No. 125 of 2008. The appeal was also dismissed vide order dated 11.08.2009 and therefore, the petitioner has approached this Court.;