Judgment R.N.Sahay, J. 1. All these applications involving common questions of law were heard together and are being disposed of by this common order. 2. The petitioners in each of these applications have challenged the order of the Chief Judicial Magistrate, Banka dated 15.9.1993, whereby he has taken cognizance of an offence under Sections 260 and 263 of the Bihar and Orissa Municipal Act. 3. A complaint was filed by the Special Officer, Banka Municipality, to the effect that petitioners-traders were storing and selling kerosene oil without obtaining licence from the Municipality, which amounted to offence under Section 259(ii)(xi) of the Act. 4. Common question for consideration is whether a fair price shop dealer is obliged to take licence under Section 259(i)(xi) of the Act. 5. By notification No. M/Fl-506/57-17788 L.S.G. dated 8.12.1958 "Schedule" has been inserted which provides fee for the trades and business specified under sub-section 1 of the Section 259 of the Act for obtaining licence. Sub-clause (xi) of sub-section (1) of the Section 259 prescribed fee for storing Naptha or any inflammable oil or spirit dangerous petroleum and non-dangerous petroleum. 6. The petitioners contended that when kerosene is not included in the Schedule, no licence is required to deal in the business of kerosene. Apart from this, petitioners are storing and selling kerosene oil in terms of the licence granted by the Sub- Divisional Officer under Control Order. Hence traders cannot be forced to take licence under Section 259(1) of the Act. It is further submitted that the Commissioner of Banka Municipality has not convened any meeting for the above purpose as also for imposing tax under Section 82(i)(ff) of the Act, nor any notice was ever served upon the petitioners, nor sanction was accorded by the State Government. 7. In this case notice was issued to the Special Officer, Banka Municipality to show cause, but he has not appeared to contest these applications. 8. It is pertinent to note that the complaints in these cases have been filed on printed forms without indicating compliance of Section 259 of the Bihar and Orissa Municipal Act. The relevant provision of Section 259 of the Act reads as follows : "259. 8. It is pertinent to note that the complaints in these cases have been filed on printed forms without indicating compliance of Section 259 of the Bihar and Orissa Municipal Act. The relevant provision of Section 259 of the Act reads as follows : "259. Power to prohibit certain offensive and dangerous trades without licence,(1) Within such local limits as may be fixed by the Commissioners at a meeting, no place be used without a licence granted by the Commissioners after such local enquiry as they may deem necessary which shall be renewable annually, for any of the following trades or business, namely : x x x x x x x x (xi) storing kerosene, petroleum, naptha, or any inflammable oil or spirit." 9. It is clear from the reading of sub-section (1) of Section 259 that the Commissioners at a meeting have to determine local limits prohibiting certain offences and dangerous trades without licence. As rightly contended by the learned Counsel for the petitioners that there is no assertion in the complaints that this provision was complied. The Special Officer has not chosen to contest these applications. There is no denial of the allegation that no such meeting was held. This provision, therefore, was not operative unless the Commissioners at a meeting decide the local limits for prohibiting the traders. The traders should have been given notice before institution of the case. The petitioners, therefore, made out a case for quashing of the complaints on the ground that in absence of compliance of Section 259(1) of the Act the complaints were bad and illegal. 10. Under the circumstances, all these applications are allowed and the order of cognizance in all the cases are quashed. However, liberty is given to the complainant to lodge fresh complaints according to law.