IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4571 of 2006 KRISHNA BALLABH DASS Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. N.K.Agarwal, Sr. Advocate Mr.D.N. Tiwary, Advocate For the State : Mr. G.P. 9 2 26.10.2009 KHAN Heard counsel for the parties. The petitioner prays for quashing the order contained in memo no.552 dated 21.11.2005 passed by the S.D.O. Jehanabad by which his licence for carrying on business as a P.D.S. dealer granted under the provisions of the Bihar Trade Articles (Licenses Unification) Order, 1984 bearing no.10/88 has been suspended. Learned counsel for the petitioner submits that the impugned order dated 21.11.2005 has been passed pursuant to the direction issued by the S.D.O. Jehanabad contained in Annexure-2. He submits that the licensing authority should have exercised its own discretion while exercising the power instead of acting on dictate of another authority. The issue in question is well settled that authority acting under the statute would exercise his judicial discretion instead of acting on dictate of other authorities. On this ground alone, this writ application succeeds and as such the impugned order dated 21.11.2005, contained in Annexure-4, is set aside. The matter is remitted back to the authorities concerned for a proceeding afresh in accordance with law. With the aforesaid observations and directions this writ petition stands disposed of. (S.P.Singh,J) - 2 -