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1987 Supreme(Pat) 171

S.B.SINHA
Punsraj Begawani – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s N. K. Agrawal and J. P. Bhagat.
For the Respondents: M/s S. Hoda, S. C., Mihir Kumar Jha, J. C. to S. C. III.

JUDGMENT :

S. B. Sinha, J.–In this writ petition, the ORDER :s as contained in Annexures 1' and 2' are in question. The facts of the case lie in a very narrow compass and are not much in dispute. The petitioners who were licensee for dealing in retail cloth business granted to them under the provisions of Bihar Trade Articles (Licences Unification) ORDER :, 1984.

2. An inspection was made in the business premises of the petitioners and thereafter a Criminal case under section 7 of the Essential Commodities Act, 1955 was instituted against them. The Sub-divisional Officer, Araria, the licensing authority, by an ORDER :dated 11.8.86 directed that in view of the initiation of the aforementioned criminal proceeding against the petitioners, their licence being Licence No. 112A/85 be suspended. The petitioners thereafter, it appears, filed their show cause which is contained in Annexure 2' to the counter-affidavit. The aforementioned show cause was filed on 18.8.86.

3. The licensing authority, it appears, upon receipt of the aforementioned show cause sought for the opinion of the Government Pleader, Purnea and thereafter on the basis of the opinion of the Government Pleader, Purnea dated 20












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