Sujit Narayan Prasad, J. - (1.) This writ petition under Article 226 of the Constitution of India, whereby and whereunder, the writ in the nature of certiorari has been sought, for setting aside the notice dated 22.08.2017 and order dated 03.10.2017 (final decision taken by the authority).
(2.) The case in brief, as per the pleading made by the petitioner in the writ petition is that a shop has been allotted by the Ranchi Municipal Corporation, under the Jharkhand Shops and Establishment Act, 1953 for carrying out business, the petitioner has started his business in the name and style of Manoj Kirana and inspection has been conducted by the authority of the Ranchi Municipal Corporation, wherein he has been found doing some irregularities with respect to misbranding of the edible oil and, therefore, by invoking jurisdiction, conferred under Section 482/466 of the Jharkhand Municipal Act, 2011, the allotment of the shop, which has been granted on yearly license basis, has been cancelled with immediate effect.
(3.) The main ground taken by the petitioner is that before taking aforesaid decision by the authority of the Ranchi Municipal Corporation, show cause notice has been issued which has been duly responded, but in one line, it has been found not satisfactory and, therefore, the impugned order has been passed on 03.10.2017. It is submitted that when the show cause notice has been issued, it has got substantial meaning i.e. the same is to be considered by the authority by active application of mind and if the order stipulates that it is not satisfactory, the order will be said to be without any reason and it is settled that order without any reason cannot be said sustainable in the eye of law which will also be said to be in violation of principle of natural justice. Further argument has been advanced that so far as the trade license is concerned, the matter is pending before the authority under the provision of Food Safety and Standard Act, 2006 wherein a proceeding under Section 52.;