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RAJESH SHANKAR
Akshay Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
The present writ petition has been filed for quashing the order as contained in memo no. 746 dated 09.04.2018 (Annexure-8 to the writ petition) passed by the Deputy Commissioner, Bokaro (the respondent no. 2) whereby Non-Judicial Stamps License No. 02 of 1972-73 and Court-Fees Stamps License No. 11 of 1999-2000 issued in favour of the petitioner have been cancelled with immediate effect.
2. Learned counsel for the petitioner submits that the petitioner was issued License No. 02 of 1972-73 by the respondent no. 2 on 13.04.1972 for vending of general stamps, which was renewed by the cometent authority from time-to-time. Subsequently, License No. 11 of 1999-2000 was also issued to the petitioner by the respondent no. 2 on 28.03.2000 to sell court-fee stamps. On 07.03.2018, a surprise inspection was made at the stalls of different stamp vendors situated within the premises of Sub-Divisional Office/Office of District Sub-Registrar, Chas, Bokaro by two teams constituted in terms with direction of the Sub-Divisional Officer, Chas, Bokaro. In the said inspection, different articles including the boxes of stamp vendors were seized and an F.I.R. being Pindrajora P.S. Case No. 26 of 2
Administrative decisions affecting rights must be fair, transparent, and non-arbitrary, in line with legal principles.
Point of Law : Cancellation of license – Sale of stamp papers over and above the actual price - Cancellation of license of the petitioners by way of the impugned order is violative of principles of n....
Clerical errors in official records should not lead to severe penalties, especially when no harm is caused to any party.
Public distribution system – Cancellation of licence - Cancellation of Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority o....
Licensing Authority must provide specific reasons in cancellation orders; non-speaking orders violate principles of natural justice and are unsustainable in law.
The cancellation order must contain reasons for cancellation and cannot be supplemented by subsequent explanations. Mere institution of a criminal case against a person does not automatically disqual....
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