- (1.) Seeking quashing of order dated 3.11.2010 in Case No. 11/2010 and order dated 1.10.2012 in Misc. Appeal Case No. 13 of 2011, the petitioner has approached this Court. It is stated that the petitioner was issued a licence being Licence No. 22/04 for distribution of various articles/commodities to the consumers of Village-Bhusur, Latehar. On the allegation that the petitioner has not distributed commodities to the consumers for two months and misbehaved with them, vide Memo dated 4.8.2010 the licence of the petitioner was suspended and an enquiry was conducted in the matter. Finally, vide order dated 3.11.2010, licence of the petitioner was cancelled and the appeal preferred by the petitioner has also been dismissed.
(2.) The learned counsel for the petitioner submits that the Bihar Trade Articles (Licences Unification) Order, 1984 has been replaced by the Public Distribution System (Control) Order, 2001 and therefore, the order passed by the Sub-Divisional Officer, Latehar cancelling the licence of the petitioner in exercise of power under Clause, 11(i) & (ii) is not sustainable. It is further submitted that the Block Supply Officer is not competent to make search and seizure as, the Block Supply Officer has not been authorized by the State Government in terms of Clause 10 of the Public Distribution System (Control) Order, 2001 and therefore, the enquiry conducted in the matter was not non est and no reliance can be placed on the enquiry report for taking punitive action against the petitioner.
(3.) The learned counsel for the respondent-State of Jharkhand resisted the writ petition and submitted that it has been found after enquiry that the petitioner did not supply commodities to the consumers and she indulged in black-marketing of the commodities and therefore, her licence has rightly been cancelled.;