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1993 Supreme(Pat) 415

B.N.AGRAWAL, INDU PRABHA SINGH
Vishnu Roller Flour And Oil Mills (P) Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard the parties.

2. This writ application has been filed for quashing the order, dated 30-8-1993 issued by respondent District Magistrate, Gaya, contained in Annexure-1. Whereby the petitioners licence granted to it under the provisions of the Bihar Trade Articles (Unification of Licences) Order, 1984 (hereinafter referred to as the Unification Order) has been suspended on the sole ground that substantive criminal case under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act) for violation of the provisions of the Unification order has been filed against the petitioner.

3. Learned Counsel appearing on behalf of the petitioner in support of this writ application contended that under Clause 11 (2) of the Unification Order, licence of a person, granted under the provisions of the Unifictaion Order, can be suspended for a period of 90 days without giving any notice on the sole ground that a proceeding for cancellation, of licence has been either initiated or is under contemplation. From a bare perusal of the aforesaid provision, it appears that licence of a person cannot be suspended under the said clause merely because a substantive criminal ca



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