IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.7533 OF 2008 DANI PRASAD, SON OF LATE BHAGWAT SINGH, RESIDENT OF VILLAGE MAKANPUR, POLICE STATION WARSALIGANJ, DISTRICT NAWADA VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE –CUM- COLLECTOR, NAWADA 3. THE SUB DIVISIONAL OFFICER, THE LICENSING AUTHORITY, NAWADA SADAR, NAWADA 4. AMRENDRA KUMAR DEEPAK, BLOCK SUPPLY OFFICER, WARISALIGANJ, DISTRICT NAWADA ******* 3 04/11/2011 Heard Counsel for the petitioner and the State. The petitioner’s license has been suspended and subsequently cancelled. Learned Counsel for the petitioner submits that First Information Report was lodged in which it is stated that 200 litres of Kerosene Oil was seized from the house of one Lakhan Sao. It is stated that one of the drums has the description of petitioner’s license number and the name of the petitioner which led to the institution of the criminal case against the petitioner. Learned Counsel for the petitioner submits that the authorities concerned before cancelling the license of the petitioner ought to have inspected and examined the shop of the petitioner to verify the stock register and the stock as well as the sale register to determine as to whether the kerosene oil could have 2 belonged to the petitioner. The impugned order which is Annexure-6 indicates that the District Magistrate, Nawada has passed a non-speaking order. It has been mentioned by the District Magistrate that on perusal of the materials, he has found that there is sufficient materials for cancellation of the license of the petitioner. Counsel for the petitioner submits that the order should be a speaking order considering the show cause and also considering the materials, if any, produced on behalf of the petitioner. In the result, I quash the order dated 02.08.2007 and remand the matter back to the District Magistrate, Nawada who will consider the show cause and the other materials available on the record with respect to the present case and pass a fresh order within a period of four months from the date of receipt/production of a copy of this order. This writ application is allowed to the extent indicated aforesaid. Anand ( Sheema Ali Khan, J.)