D.G.R.PATNAIK, J. - (1.) HEARD the learned counsel for the parties. The petitioner is aggrieved with the order dated 23.2.2007 passed by the Sub Divisional Officer (respondent No. 2) whereby the petitioner's retail licence granted to him under the Bihar Trade Articles ( Licences Unification & Control) Order, 1984, has been cancelled. Grievance of the petitioner is also against the order passed by the appellate authority dated 3.6.2008 whereby the appeal preferred by the petitioner against the order of cancellation of licence passed by the SDO, has been dismissed.
(2.) THE petitioner was granted a PDS licence under the Unification Order 1984. On 28.11.2006, an inspection of the shop premises of the petitioner was carried out by a team of officers, including the SDO, Chas. On 4.12.2006 the petitioner was served with a notice under the order of the SDO intimating the factual position found at the time of inspection carried out in the petitioner's shop and also directed the petitioner to file his explanations. The petitioner submitted his reply and thereafter by the impugned order dated 23.2.2007 (annexure 3), the petitioner was informed that his retail licence was cancelled by the order of the Sub Divisional Officer. The petitioner being aggrieved, filed an appeal against the impugned order before the Deputy Commissioner/District Magistrate, Bokaro. But by the impugned order dated 3.6.2008 petitioner's appeal was dismissed.
(3.) AGGRIEVED with the aforesaid two orders the petitioner has filed this writ petition raising the following grounds : (i) that the cancellation of petitioner's licence is arbitrary, capricious and violative of principles of natural justice and against the procedure laid down under clause 11 of the Unification order in as much as the petitioner was not given adequate opportunity to defend his case ; (ii) that the impugned order of the cancellation is a nonspeaking order and no reason has been assigned for cancellation of the licneces; ;