IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5202 of 2008 Surendra Singh, son of Sakal Singh, resident of Village Gonawa, P.O. & P.S. Nawada, District Nawada Versus 1. The State Of Bihar 2. The Collector, Nawada 3. The Sub-Divisional Magistrate, Nawada Sadar, Nawada 4. The Circle Officer, Nawada, 5. The Block Supply Officer, Nawada 02/ 09.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is a Cycle-cart Kerosene Vendor. He is aggrieved by the order of the Sub-Divisional Officer, Nawada Sadar dated 25.10.2006, Annexure-5, whereunder his kerosene vending licence has been cancelled. He is also aggrieved by the order dated 26.6.2007, Annexure-7 passed by the Collector, Nawada, whereunder the aforesaid cancellation order dated 25.10.2006, Annexure-5 has been upheld in appeal. 3. It appears from the perusal of the aforesaid two orders that the kerosene vending licnece of the petitioner was cancelled by the licensing authority on the ground that petitioner distributed kerosene oil in village Dedaur and not in village Akauna Dih and Akauna Bazar, which was the vending place fixed for the petitioner under the licence. - 2 - 4. It is submitted on behalf of the petitioner, with reference to the certificate granted by the Mukhiya, that the distribution of kerosene oil by the petitioner was made in village Dedaur as per the direction of the Mukhiya of the Dedaur Gramp Panchayat which is evident from the certificate granted by the Mukhiya dated 13.3.2006, Annexure-2. The Circle Officer, Nawada also made enquiries in the matter and under his report, bearing letter No. 269 dated 16.6.2006, Annexure-3 found that the kerosene oil was distributed by the petitioner in village Dedaur under the orders of the Mukhiya of the Gram Panchayat. In this connection, it is also pointed out that village Akauna Dih and Akauna Bazar are also within the Gram Panchayat Dedaur and the Mukhiya of the Gram Panchayat appreciating the fact that there was no electricity in village Dedaur, asked the kerosene vendor to distribute kerosene oil in village Dedaur. 5. From perusal of the impugned orders, it appears that the licensing authority proceeded against the petitioner on the basis that he sold the kerosene oil in black market, but from the impugned orders it does not appear that any - 3 - material has been collected by the licensing authority to suggest that petitioner sold the kerosene oil in black market. On the other hand, from the enquiry report of the Circle Officer, Nawada, it is evident that kerosene oil was distributed in village Dedaur on the instructions of the Mukhiya of the Gram Panchayat. 6. In view of the report of the Enquiry Officer, I set aside the impugned cancellation order dated 25.10.2006, Annexure-5 and appellate dated 26.6.2007, Annexure-7 directing the licensing authority to grant yet another chance to the petitioner and restore his kerosene vending licence. 7. The writ petition is, accordingly, allowed. Arjun/ (V.N. Sinha, J.)