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1992 DIGILAW 9 (PAT)

Bhagwan Lal v. State of Bihar

1992-01-14

R.M.PRASAD, S.C.MOOKHERJI

body1992
Order The petitioner is a fair price shop dealer. His licence has been suspended. The petitioner's grievances is that without issuing a show cause, his licence has been suspended against the provisions of the law. The other grievance of the petitioner is that the order has been passed under the direction of the District Magistrate who is the appellate authority and, therefore, the petitioner is deprived of the said forum also. Having heard the learned Counsel for the parties, We are inclined to direct the petitioner to file a show cause before the District Magistrate, Nalanda within a week from today whereafter, after hearing the petitioner he shall pass appropriate order in the matter of action, if any, to be taken against the fair price shop dealer, i.e., the petitioner. As the order of suspension has not been passed in accordance with law, it is quashed. It goes without saying that it is open to the. District Magistrate to pass appropriate orders on a consideration of all the facts and circumstances and the legal matters to be placed by the petitioners. If an adverse order is passed, the reasons for the same should be assigned. With the above observations and directions, this application is disposed of finally. Let a copy of this order be handed over to the learned Standing counsel No. III for information and onward communication. Application disposed.