- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State.
(2.) THIS application has been filed wherein prayer has been made to quash the order dated 31.7.2006 passed by Sub -Divisional Officer, Dhanbad, respondent no. 2 whereby and whereunder licence of the petitioner granted under the provision of the Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as 'the Act') has been suspended. Learned counsel appearing for the petitioner submits that after the licence was suspended, no step for cancellation of the licence was ever taken till date and as such, the order of suspension would be deemed to have been vacated, in view of the stipulation made in sub -section (2) of Section 11 of the Act and thereby the order under which licence of the petitioner has been suspended is fit to be quashed.
(3.) AS against this, learned counsel appearing for the State submits that he has received statement of the fact but the counter affidavit could not be filed. Upon it when question was put as to whether any statement is there about initiation of any proceeding for cancellation of licence or that the licence has been cancelled, it was stated that no such statement is there in the statement of the facts, rather statement is to the effect that first information report has been lodged for contravention of the provision of the Unification Order and the matter is still under investigation.;