N.N.TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for a direction on the Sub Divisional Officer -cum -Licensing Authority, Barhi, Hazaribagh to consider the petitioners application and pass appropriate order.
(2.) IT has been stated that the petitioners license was suspended by order dated 23.3.2007 in view of initiation of criminal case against him, under the provision of Section 7 of the Essential Commodities Act and for other reasons. By the same letter, he was asked to show cause as to why his licence be not cancelled. By the impugned order dated 27.4.2007 (Annexure -2). the Sub Divisional Officer -cum -Licensing Authority held that since the petitioner has not taken step for renewal of his license and has not deposited challan within time and did not also file his reply to the show cause notice issued to him within time, his licence stood automatically revoked.
(3.) THE petitioner has challenged the said order (Annexure -2) mainly on the ground that he was not given proper opportunity of representation and the notice was sent to him while he was in custody in connection with the said criminal case. Since the petitioner was in custody, he could not submit his explanation against the show cause notice. The petitioner has, thus, alleged violation of principles of natural justice and has sought to assail the cancellation order dated 27.4.2007 (Annexure -2) on the said ground.;