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SUJIT NARAYAN PRASAD
Md. Iqbal Hussain Khan, Son of Late Jakir Hussain Khan – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
SUJIT NARAYAN PRASAD, J.
Pleading
1. The issue involved in this writ petition is for cancellation of the license pertaining to the Public Distribution System.
2. In addition to the issue on merit, the issue of jurisdiction has also been raised and taking note of the aforesaid submission, the Court has passed an order directing the State to establish the jurisdiction in taking action in cancellation of the license granted under the provision of Bihar Trade Articles (Licenses Unification) Order, 1984.
3. The learned State Counsel has submitted by making reference of the Clause 11 of the Bihar Trade Articles (Licenses Unification) Order, 1984 which confers the jurisdiction to the State authority to deal with such licensee in whose favour, the license has been granted and if it will be found that the terms and conditions of the license are being flouted, then the said power is to be exercised and accordingly in the instant case , the power as stipulated in Clause 11 of the Bihar Trade Articles (Licenses Unification) Order, 1984, has been exercised.
4. The State Counsel has further submitted by making reference of Section 85 of the Bihar Re-organization Act, 2000, wherein, it has
The cancellation of a licence based on an order that was not in existence at the time of cancellation is null and void. Violation of principles of natural justice in the cancellation process requires....
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