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IN THE HIGH COURT OF JUDICATURE AT PATNA
A.ABHISHEK REDDY
Sumit Kumar, s/o Jitendra Kumar – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. writ challenging petroleum license suspension. (Para 1 , 2 , 3) |
| 2. contentions on service road exemption vs undertaking. (Para 4 , 5 , 6) |
| 3. prior order, exemption granted, suspension grounds reviewed. (Para 7 , 8 , 9 , 10) |
| 4. competent authority exemption fulfills court directive. (Para 11) |
| 5. impugned order quashed; license restored. (Para 13) |
JUDGMENT :
Heard the learned counsel for the parties.
2. This writ petition has been filed for the following relief(s):-
“1.1. Issuance of a writ in the nature of a writ of certiorari or any other appropriate writ / order / direction for quashing the impugned memo no. 5649 dated 06.10.2025, by which the license dated 25.07.2025 issued by the DTO, Gaya, for storage and sale of petroleum products at the Petitioner's Retail Outlet, has been suspended on non-est grounds.
1.2. Issuance of a consequent writ in the nature of a writ of mandamus or any other appropriate writ/order/direction to the respondent authorities to forthwith take all the requisite steps for ensuring that the Petitioner's suspended storage and sale license dated 25.07.2025, issued by the DTO, Gaya, for storage and sale of petroleum products at the Petitioner's Retai
Court's direction for service road construction requires competent authority permission; exemption granted negates violation, rendering license suspension invalid.
The licensing authority's power to suspend a licence under Clause 28 can be invoked based on preliminary findings, independent of concurrent legal proceedings under the Essential Commodities Act.
Suspension orders under the Odisha PDS Control Order, 2008, require satisfaction of the authority but no prior notice or report supply is needed, and non-compliance does not invalidate the order if i....
The main legal point established in the judgment is that the 90-day period for suspension of a license pending inquiry, as per Clause 8(2) of the Gujarat Essential Articles (Licensing, Controlling an....
The 90-day period for suspension of a license under the relevant provisions of the Gujarat Essential Commodities Order, 2004 and the Gujarat Essential Articles (Licensing, Controlling and Stock Decla....
A suspended license under the Assam Public Distribution of Articles Order must have timely cancellation proceedings initiated within 90 days; otherwise, the suspension becomes invalid.
License suspension without adequate notice or opportunity to be heard violates natural justice principles and renders such orders illegal.
Suspension of P.D.S. license without due process and opportunity to respond violates principles of natural justice, necessitating annulment and proper reconsideration.
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