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1972 Supreme(Pat) 139

S.N.P.SINGH, A.N.MUKHARJI
Gauri Shankar, Badri Narain – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioners: Messrs Basudeva Prasad, Hari Lal Agarwal and Anand Sankar Sinha.
For the respondents: Mr. Udai Sinha,

S.N.P. SINGH, J.

Messrs Gouri Shankar, Badri Narain (Petitioner No.1) is a registered partnership firm having its business at Sakri, police station Manigachi, in the district of Darbhanga. Petitioners 2 to 6 are the partners of the said firm. Petitioner no. 7 is the son of petitioner no. 2. Petitioner No.1 is a licensee of kerosene and petrol under the Bihar Motor Spirit and High Speed Diesel Oil Dealer's Licensing Order, 1966, herein after to be called" "the Order".

2. In this writ application under Articles 226 and 227 of the Constitution the petitioners have challenged the constitutional validity of clause 8 (2) of the order. The petitioners have further made a prayer for quashing the order of the State Government suspending the licence of petitioner no. 1 which was issued under the order. A copy of the order of the State Government has been made Annexure 4' to the writ application.

3. The material facts for the disposal of this application may briefly be stated as follows. On the 9th of September, 1971, the District Supply Officer of Darbhanga along with the Marketing Officer made an inspection of the business premises of the petitioner firm. At the time of inspection Chatarbhuj P







































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