IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12491 of 2008
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Md.Quaisar Alam, son of Late Abdul Gaffar, resident of village Rupauli,
P.O. Chhatiauna, Police Station Raniganj, District Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar through the Secretary, Food and Consumer
Protection Department, Old Secretariat, Patna
2. The District Magistrate, Araria
3. The Sub Divisional Officer, Araria
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shree Kant Labh
Mr. Rajeev Kumar Labh
For the Respondent/s : Mr. (Gp4)
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
(Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN)
3 21-09-2011 Heard Counsel for the petitioner and the State.
The petitioner is aggrieved by the order dated
20.12.2007 passed by the Sub Divisional Officer, Araria by
which the license of the petitioner has been cancelled.
Learned Counsel for the petitioner submits that the
license has been cancelled on two grounds; firstly, it is said that
the petitioner’s name was not cleared by the District Selection
Committee and secondly, for the reason that the petitioner has
not followed the provisions of the Control Order, 2001, which
was come into effect in the year 2007.
Against the order aforesaid, the petitioner has filed an
2 Patna High Court CWJC No.12491 of 2008 (3) dt.21-09-2011
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appeal before the District Magistrate, Araria, numbered as 174
of 2007-08. The submission of the petitioner is that there was no
District Selection Committee at the time when the petitioner was
granted the license. The District Selection Committee came into
existence only after 2007, and as such, this cannot be a ground
for cancelling the license. Secondly, it is submitted that the
petitioner has followed the provisions of the Control Order,
2001 and thus, the order of cancellation is bad on this ground as
well, as no specific allegations are made out against the
petitioner.
The District Magistrate, Araria by order dated
12.02.2008 remanded the matter to the Sub Divisional Officer,
Araria to reconsider the matter afresh. Apparently, no action has
been taken by the Sub Divisional Officer, Araria.
I, accordingly, direct that the Sub Divisional Officer,
Araria in compliance of the order of the District Magistrate,
Araria pass appropriate orders within a period of three months
from the date of receipt/production of a copy of this order.
Counsel for the petitioner is directed to produce a
copy of this order before the Sub Divisional Officer, Araria
within a period of one month from today.
The order dated 20.12.2007 as contained in
3 Patna High Court CWJC No.12491 of 2008 (3) dt.21-09-2011
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Annexure-1 is hereby quashed until final orders are passed by
the Sub Divisional Officer, Araria.
This application is allowed to the extent indicated
aforesaid.
(Sheema Ali Khan, J)
Prabhakar Anand/-