PUNSRAJ BEGAWANI & ANOTHER Vs. THE STATE OF BIHAR & ANOTHER

JUDGEMENT

(1.) In this writ petition, the orders as contained in Annexures '1' and '2' are in question. The facts of the case lie in a very narrow compass and are not much in dispute. The petitioners who were licensee for dealing in retail cloth business granted to them under the provisions of Bihar Trade Articles (Licences Unification) Order, 1984. An inspection was made in the business premises of the petitioners and thereafter a criminal case under Sec. 7 of the Essential Commodities Act, 1955 was instituted against them. The Sub divisional Officer, Araria, the licensing authority, by an order dated 11.8.86 directed that in view of the initiation of the aforementioned criminal proceeding against the petitioners, their licence being Licence No. 112A/85 be suspended. The petitioners thereafter, it appears, filed their show cause which is contained in Annexure '2' to the counter -affidavit. The aforementioned show cause was filed on 18.8.86.

(2.) The licensing authority, it appears, upon receipt of the aforementioned show cause sought for the opinion of the Government Pleader, Purnea and thereafter on the basis of the opinion of the Government Pleader, Purnea dated 20th January, 1987, passed an order dated 11.3.87 to the effect that till the disposal of the aforementioned criminal case the licence of the petitioners shall continue to remain suspended.

(3.) Mr. N. K. Agrawal, the Learned Counsel appearing on behalf of the petitioners submitted that on a fair construction of sub -clauses (1) and (2) of clause 11 of the said Order, it will appear that when an order of interim suspension suspending the licence of a licensee is passed, the same can be done only when two conditions precedent therefor exist (1) that a proceeding for cancellation of licence must be pending or in contemplation (2) such suspension shall not exceed a period of 90 days. Mr. Agrawal submits that if any of these conditions does not exist and an order of suspension has to be passed in terms of sub -clause (1) of clause 11 of the aforementioned order, in that event, it is obligatory on the part of the licensing authority to give an opportunity of hearing to the licensee and only thereafter the order of suspension can be passed.