- (1.) IN this writ petition, the petitioner has prayed for quashing the letter dated 9th April, 2007 issued by the Factory Inspector, Dhanbad Circle, Dhanbad, whereby the petitioner's licence has been cancelled with immediate effect.
(2.) A short point has been taken by learned counsel for the petitioner that the impugned order has been passed, canceling the petitioner's licence, without giving any notice or opportunity of hearing. The impugned order has been passed on the allegation that the petitioner's factory had been closed for the last six months. It has been submitted that the petitioner's factory has been continuously running and that the petitioner has been paying all the rates and taxes and that the impugned order is arbitrary and perverse. When the case was taken up earlier on 27th March, 200B, the respondents had taken time for filing counter affidavit. Two weeks' time was granted to them for filing counter affidavit. Subsequently, when the case was listed on 17th April, 2008, prayer was again made for time to file counter affidavit by way of last indulgence and this Court had allowed further two weeks' time to file counter affidavit clearly mentioning that no further time will be granted and the writ petition shall be heard and disposed of on the basis of the material available on record. Today, when the case is called out for hearing, Mr. P. Modi, learned G.P. I, again made the same prayer for time without assigning any cogent reason for not filing counter affidavit in spite of taking time twice for filing counter affidavit.
(3.) I have heard learned counsel for the parties. Mr. P. Modi, learned G.P. I, appearing on behalf of the respondents submitted that though the impugned order does not mention about the service of notice or opportunity of hearing to the petitioner, from the statement made in the writ petition, it is evident that the petitioner's electrical line was disconnected in December, 2006 and it would be also evident from the electricity bill that the petitioner's factory was not running for the last six months.;