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2014 Supreme(Jhk) 434

R.BANUMATHI, SHREE CHANDRASHEKHAR
State of Jharkhand – Appellant
Versus
Champa Pathak – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Rajesh Kumar, G.P.V & Mr. Abhijeet Kumar Singh
For the Respondent:Mr. Binod Singh, Advocate

JUDGMENT

Per Shree Chandrashekhar, J.: - Writ petition was filed seeking quashing of order dated 11.07.2005 whereby licence no. 7/2005 pertaining to Retail fair price shop granted to the respondent was cancelled. A further prayer for quashing of order dated 17.08.2011 in E.C. Act Appeal No. 81R15/200506 passed by the Deputy Commissioner, Ranchi was also made. By the impugned order dated 05.12.2012 the writ petition was allowed and order dated 11.07.2005 issued by the Sub Divisional Officer-cum-Licensing Authority, Ranchi and order dated 17.08.2011 passed by the Deputy Commissioner, Ranchi were quashed holding that the cancellation was wholly arbitrary, illegal and violative of Article 14 and 19(1)(g) of the Constitution of India. Aggrieved, the State of Jharkhand has preferred the present Letters Patent appeal.

2. The brief facts of the case are that, on 11.05.2005 a licence bearing no. 7/2005 was issued in the name of the respondent and articles for distribution through the Retail fair price shop were allotted to the respondent. However, without issuing any show-cause notice and opportunity of hearing, the licence granted to the respondent was cancelled on 11.07.2005 by the Sub-Divi









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