IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14218 of 2009 M/S BINOD KUMAR A PROPRIETORSHIP FIRM THROUGH ITS PROPRIETOR BINOD KUMAR, S/O LATE R.N. GUPTA, R/O SHEOHAR, P.S. SHEOHAR TOWN, DISTT.- SHEOHAR ……PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SHEOHAR …….RESPONDENTS ----------- 02. 07.11.2009 Heard the parties. At the very outset, I may note that at the first instance, it is intended to initiate contempt proceedings against the District Magistrate-cum-Collector, Sheohar for passing the order as impugned in this writ petition being order as communicated under Memo No. 17 dated 05.03.2009 by which the wholesale licence for dealing in Kerosene oil of the petitioner has been cancelled. But I do not do so as petitioner is entitled to full relief even otherwise. By Memo No. 263 dated 18.09.2008 the Collector had suspended the petitioner’s licence which was granted under the unification order and directed the petitioner to show cause. Various events took place thereafter. Ultimately the petitioner filed a writ petition in this Court being C.W.J.C. No. 14264 of 2008 in which this Court had ordered dated 24.09.2008 inter alia stayed the order of the Collector dated 18.09.2008. In 2 clear defiance of the said order of stay the present order is passed wherein even though this stay order of this Court is noticed. Conveniently the learned Collector fails to mention that the stay order was also in respect of the order dated 18.09.2008 of the Collector. By the impugned order petitioner’s licence has been cancelled on the sole ground that he has failed to file show cause in response to the order of the Collector dated 18.09.2008. This is what is contemptuous because it is this order of the Collector which on specification was stayed by this Court and the stay operated even today. On the face of it, I have no option but to hold that order of the Collector as communicated under Memo No. 17 dated 05.03.2009 as contained in Annexure-2 is wholly without jurisdiction, contemptuous and is liable to be set aside and is set aside as such. The legitimate business of the petitioner would not be restricted by the Collector on such specious pleas. Consequential to the wholesale licence by the order of this Court, needless to say that as the order of cancellation of wholesale licence has been set aside, the allotment of Kerosene oil and distribution through the petitioner would start immediately which the Collector would ensure. The writ application stands allowed with the 3 above observations. Let the order of this Court passed today be communicated to the District Magistrate-cum-Collector, Sheohar by fax at the cost of the petitioner. Shageer (Navaniti Prasad Singh, J)