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SANJAY KAROL, S. KUMAR
Rajkumar Paswan S/o Aamo Das – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
S. KUMAR, J.
1. Heard the parties.
2. Aggrieved by judgment and order dated 30.01.2019 passed by learned Single Judge of this Hon’ble Court passed in C.W.J.C. No. 1131 of 2018 dismissing the writ petition appellant/petitioner has preferred this L.P.A.
3. License of petitioner’s fair price shop bearing no. 2/92 was cancelled by Sub-Divisional Officer, Lakhisarai by order dated 06.11.2015 (Annexure-1) and appeal preferred was dismissed by appellate authority by order dated 15.10.2016 (Annexure-4) and revision petition filed before the Revisional Authority was dismissed by Commissioner, Munger Division, Munger by order dated 30.11.2018 (Annexure-5).
4. Order dated 06.11.2015 passed by the Sub-Divisional Officer cancelling the fair price shop licence of petitioner was assailed on the ground that adequate opportunity of hearing was not given and copy of inspection report dated 25.09.2015 of Block Supply Officer, Lakhisarai was not provided.
5. Learned Single Judge has held that adequate opportunity was given to petitioner by twice issuing show cause notice dated 14.10.2015 and 26.10.2015 and he has also submitted his reply dated 29.10.2015 to the show cause but could not give satis
The main legal point established in the judgment is the requirement for a full and proper inquiry before the cancellation of a license, adherence to rules of natural justice, and the importance of gi....
The legal principle established confirms that factual discrepancies in operation of licensed entities under statutory control are grounds for license cancellation.
The main legal point established in the judgment is the requirement for the Licensing Authority to provide reasoned decisions, consider specific pleas and evidence, and adhere to principles of natura....
Cancellation of fair price shop agreement should be based on evidence and material on record, not on presumptions and conjectures.
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