ARSHAD ALAM Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-12-122
HIGH COURT OF JHARKHAND
Decided on December 18,2009

ARSHAD ALAM Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD the learned counsel for the petitioner and the respondents.
(2.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner praying for quashing of the order dated 25.5.2006 (Annexure -2) whereby the licensing authority/Sub -Divisional Officer, Godda, has cancelled the licence granted to the petitioner to sell kerosene oil. Prayer has further been made to quash the order dated 26.3.2007 (Annexure -4) whereby the revisional authority has dismissed the revision filed by the petitioner against the aforesaid order of the licensing authority cancelling the licence of the petitioner. Petitioner's case, in a nutshell is that the petitioner was granted licence to sell kerosene as a hawker in the town area of Godda. The Respondent No. 2 directed the petitioner to sell kerosene oil in village area and when the petitioner did not comply, show cause notice was issued to the petitioner on 17.2.2006 and the petitioner submitted his reply to the said show cause. Ultimately the licence was cancelled on the ground that the petitioner violated order and the conditions of the licence granted to him.
(3.) THE respondents 3 to 6 have filed counter affidavit in which it is stated that the petitioner as well other kerosene oil distributors/hawkers were violating the conditions of the licence. It was further alleged that the petitioner did not turn up in the Godda Haat at the fixed place nominated by the Sub -Divisional Officer, Godda and consequently, the licence of the petitioner was cancelled.;


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