IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2692 of 2008 ====================================================== Vishwanath Prasda, son of Late Mangal Sah, resident of village Malahi Tola, Police Station Bairiya, District West Champaran, Bettiah .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, West Champaran, Bettiah 3. The Sub Divisional Officer, Bettiah, West Champaran 4. The District Supply Officer, West Champaran, Bettiah 5. The Block Supply Officer, Bairiya, West Champaran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Naresh Dass Mr. Manish Kumar Mr. Javed Aslam For the Respondent/s : Mr. (Ga3) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 4 11-11-2011 The petitioner is aggrieved by the order as contained in Annexure-2 by which the license of the petitioner has been suspended. The ground of suspension as mentioned in Annexure-2 is that the petitioner was not present at the shop when the Inspecting Team reached the shop. It is also said that three drums of Kerosene Oil containing 1820 lts. was found in the shop. Annexure-2 further disclosed that there were complaints by the consumers that the petitioner does not supply Kerosene Oil to them. On the basis of the aforesaid three allegations, the petitioner was asked to show cause. The Patna High Court CWJC No.2692 of 2008 (4) dt.11-11-2011 2 / 2 2 petitioner filed his show cause from which it would be apparent that the Inspecting Team had visited the shop of the petitioner before the opening time. Thereafter, inspection was made and the petitioner has produced the documents to show that he received the supply just one day prior to the date of inspection, and therefore, the entire stock of kerosene Oil that was supplied to him, was found in the shop. If the shop of the petitioner was closed for a few hours or there was some delay in opening the shop, it is not a sufficient ground for suspending the license. This Court also finds that keeping the matter pending in direct contravention of sub clause (2) of Clause 11 of the Bihar Trade Articles (Licenses Unification) Order, 1984 is against the law. In the result, I quash the order dated 22.05.2003 passed by the Sub Divisional Officer, Bettiah (Annexure-2). This writ application is accordingly allowed. Prabhakar Anand/- (Sheema Ali Khan, J)