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1988 Supreme(Pat) 208

S.B.SINHA
Bishwanath Kejriwal – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: Mr. N.K. Agrawal
For the State : M/s D.N. Singh, and U.G. Prasad

JUDGMENT

S.B. Sinha, J.

This writ petition is directed against the order dated 21.4.1982 passed by the Sub-divisional Officer, Godda in Rice Milling Case No. 85 of 1978 whereby and where under the said authority cancelled the licence of the petitioner granted to him under Rice Milling Industries (Regulation) Act, 1958. The said order is contained in Annexure 3 to the writ petition.

2. From a perusal of the aforementioned order it appears that the petitioner was given notice that he had been collecting paddy without obtaining permission under clause 9 (2) of Government Order of 1981-82 and as such he was directed to show cause as to why he should not be prosecuted for commission of an offence under the Essential Commodities Act and as to why his licence should not be cancelled.

3. Upon perusal of the show cause submitted by the petitioner, it occurred to the Sub-divisional Officer, Godda that the petitioner has not yet filed any return in respect of the mill. The said licence was cancelled on the ground that there are irregularities therein.

4. It appears that the aforementioned note was given by some body, whose designation is not mentioned in Annexure 3. The Sub-divisional Officer upon





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