IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 14067 of 2009 1. SURESH PRASAD S/O DHANILAL PRASAD VILL.+P.O.- SHERAJPUR, P.S.- NAUTAN, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR WEST CHAMPARAN 3. THE SUB DIVISIONAL OFFICER SADAR, BETTIAH For the petitioner : Mr Vijay Anand For the S t a t e : Mr S C VI *** 2 07.11.2009 The petitioner was a dealer under the Public Distribution System whose licence has been cancelled by order of the licensing authority, the Subdivisional Officer, Bettiah Sadar by order dated 17.08.2007. He preferred an appeal in terms of Clause 28 of Bihar Trade Articles (Licenses Unification) Order, 1984 before the Collector which was registered as CRM No 30 of 2008-2009 and dismissed summarily on 22.08.2008 being held to be grossly barred by limitation. Petitioner has, thereafter, filed this writ petition. Petitioner’s submission is simple. From perusal of the ordersheet, it would be seen that on 15.08.2007, a first information report was lodged against the petitioner being Bettiah Town Police Station Case No 232 of 2007 and immediately a report thereof was sent by the Block Supply Officer, Bettiah to the Subdivisional Officer, Bettiah Sadar who is the licensing authority. The report is dated 17.08.2007 and on that very day, the Subdivisional Officer, holding that a case had been instituted against the petitioner, cancelled petitioner’s licence. Petitioner’s submission is that 2 merely because of pendency of criminal case, the licence cannot be cancelled and secondly, no licence can be cancelled in terms of the provisions of Clause-7 of the Bihar Fair Price Shop Order, 2007 without issuance of a notice and granting opportunity of hearing in this regard. The order is, thus, in contravention of the mandatory provisions of the Order and is violative of principles of natural justice and, thus, is not voidable nor void but void ab initio. To my mind, after hearing the parties, the submission appears to be correct. Undisputedly, the order has been passed without prior notice to the petitioner and without granting opportunity of hearing in this regard. Such an order is not only in violation of Clause-7 of the Order aforesaid but also in gross violation of principles of natural justice. It is well established that such an order is void ab initio. Thus, the order of the licensing authority dated 17.08.2007, as contained in Annexure-2, cannot be sustained and is quashed as such. As the original order is void ab initio, the appellate order dismissing the appeal cannot stand and must also fall. I may clarify that this would not automatically entitle petitioner to resume his business inasmuch as in terms of Clause-7 of the Bihar Fair Price Shop Order, 2007 itself, during pendency of criminal case, the licence would remain suspended. The authorities would be well advised to make alternative arrangements in the matter till licence of petitioner is not fully 3 restored so that consumers may not suffer. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)