IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16083 of 2009 ***** Rajendra Kumar Bhartia, son of Sri Raghunath Prasad Bhartia, Proprietor of M/s Bhartia Service Centre, at and P.S. Ghorasahan, District East Champaran. …. …. Petitioner Versus 1. The State of Bihar. 2. The Collector, East Champaran, Motihari. 3. The District Transport Officer, East Champaran, Motihari. 4. The District Arms Magistrate, East Champaran, Motihari. …. …. Respondents ----------- 2. 24.11.2009. Heard counsel for the parties. Submission of the learned senior counsel appearing for the petitioner is that a show-cause came to be issued, may be, at the dictates or directions of the District Magistrate, Motihari by the District Arms Magistrate, East Champaran at Motihari to the petitioner who is the licensing authority under the Bihar Motor Spirit and High Speed Diesel Oil Dealers Licensing Order, 1966 for certain so-called omissions and commissions. Petitioner raised objection with regard to the jurisdiction and power of the Arms Magistrate to issue such a show-cause, subsequently Annexure-3 came to be passed by the District Transport Officer, the so-called licensing authority canceling the license of the petitioner on the basis of the show-cause issued to him by the Arms Magistrate. Submission is that if the notice is per-se illegal and beyond jurisdiction then even if the consequential order of cancellation is passed by the competent authority, the whole proceedings becomes vitiated. To that extent the submissions seems to be correct. Letter dated 31.10.2009 contained in Annexure-3, therefore, stands quashed but liberty is granted - 2 - to the licensing authority that if he still wants to proceed in the matter he has freedom to take steps in accordance with law afresh. The writ application is allowed. Pawan/- (Ajay Kumar Tripathi, J.)