S. Chandrashekhar, J. - (1.) Seeking quashing of order dated 21.4.2011 whereby, the licence granted by the District Industry Centre, Hazaribagh has been cancelled, the present writ petition has been filed. The petitioner is dealing in the business of coal briquette. It is a small -scale industry and duly registered under the Micro, Small and Medium Enterprises Development Act, 2006. A registration certificate dated 2.8.2010 was issued by the District Industry Centre, Hazaribagh. Subsequently, an agreement was executed with the Jharkhand State Mineral Development Corporation Ltd. for supply of 4200 MT coal under the new Coal Distribution Policy. On an allegation that the petitioner has misused the coal supplied to it by the Jharkhand State Mineral Development Corporation Ltd., the coal supply agreement was terminated and the General Manager, District Industry Centre, Hazaribagh cancelled the licence vide impugned order dated 21.4.2011.
(2.) Mr. Sanjeev Thakur, the learned counsel for the petitioner submits that on the basis of a faulty spot enquiry report, the coal supply agreement with the Jharkhand State Mineral Development Corporation Ltd. was terminated and merely on the ground that a First information Report has been lodged, the licence under the Micro, Small and Medium Enterprises Development Act, 2006 has been cancelled. It is submitted that under the 2006 Act, there is no provision for cancellation of licence once issued though, for contravention of provisions under the Act, a penalty has been provided. It is further submitted that under the Industries (Development and Regulation) Act, 1951, only the Central Government has the authority to cancel the licence granted to the petitioner.
(3.) In the counter -affidavit, the respondents, have asserted that during the spot verification it was found that the petitioner has misused the supply of coal by the Jharkhand State Mineral Development Corporation Ltd. and accordingly, a First Information Report has also been lodged against the petitioner.;