IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1691 of 2008 Jai Prakash Keshari s/o Sri Ramdhani Saw resident of Village and PO Fatehpur PS Didarganj Dist. Patna Petitioner Versus 1. The State of Bihar 2. The Commissioner cum Secretary . Department of 3. Food and Supplies, Govt. of Bihar, Patna 4. The District Magistrate, Patna 5. The District Supply Officer, Patna 6. The Sub divisional Officer, Patna Sadar, Patna Respondents ----------- For the petitioner: Mr Rajesh Prasad Choudhary, Advocate For the State: Mr Kumar Alok SC 19 Mr Satyeshwar Prasad AC to SC 19 ----------- 04/ 02.08.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner challenging order dated 23.10.2007 (Annexure 1) by which the Sub divisional Officer, Patna Sadar (Respondent no.5) cancelled petitioner’s Thela vendor licence no.83/85 under the provision of Bihar Trade Articles (Licences Unification) Order, 1984, namely clause 11(i) and (ii) of the said Order and for restoring his licence for supply of kerosene oil. 3. From the arguments of the parties as well as materials on record, it is quite apparent that the allegation against the petitioner was that he was not giving kerosene oil to the beneficiaries and was selling it in black, whereafter on 02.08.2007 a show cause was asked by the authority, in response to which show cause was filed by the petitioner which not having been found satisfactory, second show cause was asked on 14.09.2007 to which a 2nd show cause was filed by the - 2 - petitioner on 26.09.2007 and also pleaded his case before the authority concerned and only thereafter the impugned order was passed not finding the claim of the petitioner to be satisfactory. 4. It is further found from the record that earlier on 30.11.2005 similar allegations were found against the petitioner and he was given a warning to mend his ways otherwise his licence would be cancelled. It was further found that the petitioner did not mend his ways and thereafter again beneficiaries raised allegation against the petitioner regarding sale of kerosene oil in black, whereafter the distribution register was sealed from which it was found that entries with regard to sale of kerosene oil were without signature or thumb impression of the beneficiaries to whom it was shown to be supplied. 5. Learned counsel for the petitioner relies upon the decision of a learned Single Judge of this court in case of Ganesh Prasad Shah Vs The State of Bihar & Ors reported in 2006(3) PLJR 289 as well as another decision of this court in the same volume at page 323 (Ashok Ram vs The State of Bihar & ors) but the said orders were passed in the circumstances where no opportunity was ever afforded to the petitioners of the said writ petitions to place their case. Hence they are not applicable to the facts of this case. 6. In the said circumstances, this court does not find any illegality in the impugned order of the authority concerned and accordingly, this writ petition is dismissed. shahid (S.N.Hussain, J)