IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8644 of 2008 Basudeo Baitha, son of Lugru Baitha, Proprietor of National Oil Agency, Jokihat, PS Jokihat, district Araria – Petitioner. Vs. 1) The State of Bihar, 2) The Collector, Araria. 3) Sub-Divisional Officer, Araria – Respondents. 5 30.9.2011 Heard learned counsel for the petitioner and the State. The petitioner has challenged the order contained in Annexure 1 by which his license to run a petrol pump has been cancelled. The facts are that the petitioner is the owner of a petrol pump known as National Service Centre, Zero Mile, Araria. A tanker was found standing near the petrol pump. The informant who is the Supply Officer alleged that the tanker was parked near the petrol pump and was converting kerosene oil into diesel and it was further alleged that the petitioner was adulterating diesel and petrol in his compound. Taking these facts into consideration an FIR was instituted being Araria PS Case No. 152/2008. The allegations in the FIR are exactly identical. After the contents of the tanker / petrol pump was sent for examination, the report received indicated that there was no adulteration in the samples that were seized from the petitioner’s premises. In the circumstances the criminal case was quashed by this court on 8.1.2010 vide Cr. Misc. No. 8866 of 2009. The order contained in Annexure 1 cancelling the license of the petitioner is based on the fact that an FIR has been 2 instituted against the petitioner for the offences as mentioned aforesaid. Considering the fact that the very basis of cancellation of the petitioner’s license is the criminal case and the allegations contained therein which have been disbelieved by this court on the basis of the chemical examination of the seized articles, there should be no justification for cancellation of the license. I thus quash the orders contained in Annexures 1 and 3. This writ petition is allowed. haque ( Sheema Ali Khan, J .)