IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6209 of 2009
Radheshyam Rai .....Petitioner
Versus
State of Jharkhand & Others ....Respondents
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Coram :THE HON'BLE MR. JUSTICE R.K.MERATHIA
For the Petitioner : Mr. K.K. Singh, Advocate
For the Respondents : Mr. D.K. Dubey, JC to G.P. 1
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02/29.03.2011
Mr. K.K. Singh, learned counsel for the petitioner,
submitted that the license has been cancelled on the direction of the
Deputy Commissioner, who is the appellate authority and therefore
filing of appeal will be an empty formality. He relied on the order
dated 2.1.2008, passed in WPC No. 409 of 2006-Mouji Lal Saw Vs. The
State of Jharkhand & Others.
Mr. D.K. Dubey, learned counsel for the State, could not
support the impugned order.
Accordingly, the impugned order dated 13.8.2009, passed
the Sub-divisional Officer, Sadar, Ranchi ( respondent no. 3)
cancelling the license of the petitioner is set aside with liberty to him
to proceed afresh in accordance with law, if so desired for
cancellation of license, after giving opportunity of hearing to the
petitioner.
With these observations and directions, this writ petition
is disposed of.
As prayed, let a copy of the order be given to counsel for
the State, for communicating it to the Secretary, Food & Supply
Department.
( R.K. Merathia, J)
Rakesh/