IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13595 of 2006 MD.ABDULLAH Versus THE STATE OF BIHAR & ORS ----------- 3 11.11.2009. Heard Sri N.K.Agarwal, learned Senior advocate for the petitioner and Sri RCP Bharti, SC 14 for the State. The petitioner is aggrieved by order passed by the S.D.O., Jhanjharpur dated 30.4.2005, whereby he has cancelled the licence. He also challenged appellate order passed by the Collector, Madhubani dismissing the appeal of the petitioner in Case no.4 of 2005-06 vide order dated 31.8.2006. Learned counsel for the petitioner submits that show cause was filed on 13.4.2005 and the licencing authority on 17.4.2005 made on spot inspection. In course of on the spot inspection, he received certain complaints against the petitioner. He also submits that the licencing authority ought to have given him opportunity of explaining the complaints received by him during course of inspection. He further submitted that the complaints which were taken note of were made behind his back. Learned counsel for the State submits that the Sub Divisional Officer, Jhanjharpur in his order has given the details of illegality committed by the petitioner and even show cause was given to him on 13.5.2005 and on the basis of show cause impugned order has been passed. Having considered the facts of the case, I find that petitioner has not been given opportunity of meeting the complaints - 2 - which were not detailed in show cause. Thus I remit the mater to the SDO, Jhanjharpur for passing fresh order after giving fresh show cause notice. The impugned order passed by the authorities would be subject to the fresh order that may be passed by the licencing authority. The writ petition stands disposed of with aforesaid directions. Shashi. (Samarendra Pratap Singh,J).