M.Y.EQBAL,J. - (1.) IN this writ application the petitioner has prayed for quashing the order as contained in memo No. 736 dated 23.12.05 issued by respondent No. 2 Deputy Commissioner, Gumla whereby the license granted to the petitioner under Bihar Trade Article (License Unification) Order, 1984 has been cancelled at the instance of the District Supply Committee.
(2.) PETITIONER 's case lies in a narrow compass: Petitioner was granted retail license under the Unification Order, 1984 for running fair price shop. The said license was time to time renewed and the petitioner carried on business of fair price shop. By order dated 25.7.2005 license of the petitioner was suspended and show cause notice was issued by the Assistant District Supply Officer, Gumla vide memo dated 27.7.2005. Petitioner submitted his show cause. It is stated that on the complaint of some card holders, the Block Supply Officer enquired into the matter and it was reported that consumers are pressing hard for revocation of suspension of the license of the petitioner but inspite of that petitioner was shocked and surprised when he received the impugned order of cancellation of license. It is contended by the petitioner that no notice to show cause and opportunity of hearing was given nor any proceeding was initiated by the Licensing Authority before cancellation of license. A counter affidavit has been filed by the respondents stating inter alia that order of suspension and the cancellation of license were rightly passed after taking recourse and after making enquiry by the officials of the Government. The case of the respondents is that under the Government's direction vide memo No. 800 dated 16.5.2005, a Local District Supply Committee was constituted to examine in respect of grant/suspension or cancellation of license. After its constitution, a meeting of the said Committed was held and the case of the petitioner and others were taken and decision was taken for cancellation of license. On the basis of the decision of the Committee, the S.D.O Gumla passed the order of cancellation with immediate effect.
(3.) I have learned Counsel appearing for the parties.;