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1998 Supreme(Pat) 778

NAGENDRA RAI
Md. Mumtaj – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. All the aforesaid writ applications have been heard together and as such, they are being disposed by this common order.

2. The petitioners are aggrieved by the orders as contained in Annexure 3 cancelling their licences to run fair price shop under the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as the Unification Order) as well as the appellate order dated 25.7.1997 (Annexure 4) dismissing the appeal against the aforesaid orders.

3. The admitted facts are that the petitioners have been granted licence under the Unification Order to run fair price shops in different villages falling under the different panchayats. On the allegation that they are not the residents of the panchayats where shops are located, notices were issued to them to show cause as to why their licences be not cancelled in terms of the Government policy contained in letter No. 8444 dated 8.10.1980 issued by the Food Commissioner where it is provided that licences have to be granted to the persons who have their residence in the same panchayat. The petitioners filed their show cause and have submitted that there is no provision under the Unification



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