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2018 Supreme(Pat) 1107

VIKASH JAIN
Aman Kumar Ranjan – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Deepak Kumar
For the Respondent: S.K. Sharma

JUDGMENT :

Vikash Jain, J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order dated 13.09.2013 passed by the Collector, Banka in Supply Appeal Case No. 83/2011-12, by which the Collector affirmed the order dated 29.09.2011/01.10.2011 issued by Sub Divisional Officer-cum-Licensing Officer, Banka by which licence of the petitioner has been cancelled; and for connected reliefs.

3. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a copy of the enquiry report was not made available to the petitioner and he was never confronted with the same with an opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in paragraph 2(v) of the writ petition that the impugned order of cancellation of licence has been passed without providing a copy of the enquiry report to the petitioner, though the same had been relied upon in the impugned order. Such infirmity could not be cured in the appeal as well.

4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non





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