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1989 Supreme(Pat) 250

SATYA BRATA SANYAL, R.N.LAL
Swami Distributors – Appellant
Versus
State Of Bihar – Respondent


Judgment

SATYR BRATA SANYAL, J.

1. The petitioner is a licensee under the Bihar Trade Articles (Licenses Unification) Order,. 1984. Pursuant to the said licence, it carries on wholesale business in kerosene oil. The petitioner has moved this Court in this writ petition for quashing the order dated 24-11-1988 of the Collector, Sitamarhi (respondent No. 2) as contained in Annexure-4, by which the petitioners licence has been suspended with immediate effect because of institution of a criminal case against it under S.7 of the Essential Commodities Act. The order of suspension of the licence was not preceded by any show cause notice and/or affording any opportunity therefor to the petitioner. The writ petition was filed on 20-2-1989 and it came up for admission on 9-3-1989 before Hon ble Mr. Justice P.S. Mishra and Hon ble Mr. Justice R.N. Sinha, who while admitting the writ petition, formulated two questions and required the aforesaid two questions to be decided by a Division Bench. The order dated 9-3-1989 reads as follows:

"Heard learned counsel for the petitioner and the State. This application will be heard by Division Bench to consider whether the decisions with reference to the v

























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