IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.207 of 2011 Sweta Kumari, Wife of Sri Ram Krishna Bhagat, resident of Village & P.O. Amarpur, Police Station- Amarpur, District- Banka. Petitioner. Versus 1. The State of Bihar through Chief Secretary, Government of Bihar, New Secretariat, Patna. 2. The Secretary, Food and Supply Department, Government of Bihar, New Secretariat, Patna. 3. The Commissioner, Bhagalpur Division, Bhagalpur. 4. The District Magistrate, Banka. 5. The Sub-Divisional Officer, Banka. 6. The District Supply Officer, Banka. 7. Mr. Kamlesh Kumar Singh, father’s name not known to the petitioner, former incharge District Supply Officer, Banka. Presently posted as Assistant Supply Officer, Banka. . . . . . Respondents. ---------------------------------- 8/ 08.09.2011 In the instant writ application, the petitioner prays for quashing the order contained in Memo no. 07 dated 04.01.2010 issued under the signature of licensing authority-cum- District Magistrate, Banka, whereby the wholesale license no. 01 of 2008 granted to the petitioner under Bihar Trade, Article (Licenses Unification) Order, 1984 has been cancelled. The petitioner also prays for quashing the order dated 10.02.2010 passed in Misc. (Supply) Appeal No.22 of 2009-10, by which the appeal has been rejected by the learned Commissioner, Bhagalpur. The petitioner also prays for suitable compensation. The petitioner applied for wholesale dealership of S.K.O. and L.D.L. (Kerosene Oil and Light Diesel Oil). The petitioner moved this Court in C.W.J.C. No. 14561 of 2005 as the District Administration was not granting No Objection Certificate on account of which the letter of intent was not being issued. The petitioner could start his business only after 01.05.2008 when he 2 got the wholesale license. The petitioner states that allotment of K. Oil is made by the District Administration and the distribution of the same to the retail outlet is to be done as per roster and to the extent of the orders that may be passed by District Administration. The petitioner’s grievance is that he got allotment order but did not get distribution order, with the result a large quantity of K. oil had to be stuffed against the storage capacity of only 20,000 litres of K. Oil. The petitioner represented to the authorities narrating his grievance that on account of lack of adequate orders for distribution of K. Oil, the same kept on accumulating in petitioner’s limited storage capacity. The copies of representations made to Block Supply Officer, Amarpur, Sub-divisional Officer, Banka and the District Magistrate, Banka are annexed as Annexures- 7 to 18 to the writ application. The petitioner in his letter dated 01.06.2009 represented to the District Magistrate, Banka and stated that as against the storage capacity of 20,000 litres he has to store about 40,000 litres of K. oil in absence of adequate distribution orders. The petitioner submits that these letters were written on various dates commencing from 12.06.2009 to 30.10.2009 but the Administration did not address the problem faced by the petitioner. On 02.12.2009, the petitioner while submitting monthly report to District Magistrate, Banka stated that in absence of appropriate roster, the lifting and distribution of K. oil could not be possible in time, as the District Magistrate, Banka did not heed to petitioner’s representations and request. The petitioner filed an application 3 before the Chairman, Central Vigilance Committee, Public Distribution System on 25.09.2009, a copy of representation is annexed as Annexure-20. On the contrary, the petitioner was given a warning by District Magistrate, Banka vide letter dated 02.12.2009 in view of report of Sub-divisional Officer, Banka on the subject of non-lifting and non-distribution of K. oil in proper manner. The petitioner submits that in teeth of order dated 19.05.2006 passed in C.W.J.C. No.4421 of 2006, the District Magistrate, Banka issued order on 06.11.2009 directing the wholesale dealers to bring all tankers to distribute the K. oil in Block office or to distribute the K. oil to the retail vendors of Banka district. In view of interim order of this Court, dated 19.05.2006, the Food and Civil Supply Department had issued notification dated 24.05.2006 directing the respondent authorities not to compel the wholesale dealers to bring the Tanker to the Block office. The premise of the petitioner was inspected on 20.11.2009 and it was found that there was shortage of 5244 litres out of 26399 litres of K. Oil. A show-cause noticed was issued to the petitioner to which he filed his reply on 02.12.2009. On 26.12.2009, another show- cause notice was given to the petitioner for alleged irregularities committed by him. On 06.01.2010, the petitioner submitted his reply. The grievance of the petitioner is that without considering his show-cause, the District Magistrate, Banka-cum- Licensing authority cancelled his license vide Memo dated 4 04.01.2010. The appeal preferred against the impugned order was also dismissed by the learned Commissioner. The petitioner submits that he was compelled to store K. Oil in excess of the storage capacity of 20,000 litres and on account of congestion there was leakage and evaporation. The petitioner submits that he was not provided reasonable opportunity to place his case regarding leakage and evaporation. On the other hand, learned counsel for the state submits that apart from this, other irregularities like storage of drums etc. were also committed. The petitioner submits that if the respondents give an opportunity, he would explain to them that leakage of a large quantity is possible if in excess of storage capacity is continuously thrust upon. In the facts and circumstances of the case, I am inclined to allow one more opportunity to petitioner toexplain to the District Magistrate-cum-licensing authority that leakage of 5244 litres is possible in such circumstances. In case, the licensing authority is satisfied that such leakage is possible over the period he may review his earlier decision. The matter is remitted to the learned District Magistrate-cum-Licensing authority, Banka. The writ application is, accordingly, disposed of with the aforesaid liberty. Uday/ (Samarendra Pratap Singh, J.)