High CourtsSingle Bench(2018) 04 JH CK 0077

BANGALI SAH @ BANGALI SAO @ TRIBHUWAN SAH vs STATE OF JHARKHAND

Jharkhand High Court · Decided on 4 April 2018

HON’BLE JUDGES
ANUBHA RAWAT CHOUDHARY, J
RESULT
Disposed Of
CASE NUMBER
W.P.(C) No.6037 of 2012

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Judgment

20 paragraphs · 400 words
1.

Heard Mr. K.K. Singh, learned counsel appearing on behalf of petitioner and Mr. Anuj Burman, learned counsel appearing on behalf of

respondents.

2.

Petitioner has prayed for quashing of order passed by respondent No.3 as contained in memo No.475 dated 12.07.2012 by which the respondent

No.3 has cancelled the license of petitioner and has ordered for enquiry about the petitioner in view of the fact that the petitioner as well as his father

has more than one name so that any further action can be taken.Â

3.

From perusal of the impugned order, as contained in Annexure-4 to the writ petition, it appears that there is a specific order that the enquiry

regarding the identity of the petitioner is to be done by the Deputy Commissioner, Ranchi through an enquiry committee and this order was passed

as back as on 12.07.2012. Learned counsel for the petitioner submits that on the one hand the licence of the petitioner has been cancelled and on

the other hand the said enquiry has not yet been concluded. Accordingly, he submits that appropriate order may be passed so that the enquiry be

concluded at the earliest and the petitioner may show documents or other evidences regarding his identity and alias names as well as that of his father

before the Deputy Commissioner, Ranchi.

4.

To this, counsel for the respondents has no objection.

5.

Considering the facts and circumstances of the case, this Court is of the view that the enquiry which has been contemplated by the impugned order

as contained in memo No.475 dated 12.07.2012 ought to have been concluded. Considering the facts and circumstances, the Deputy Commissioner,

Ranchi is directed to conclude the enquiry within a period of six months from the date of receipt of a copy of this order. The petitioner is directed to

appear before the Deputy Commissioner Ranchi along with a representation and this order within a period of one month from today. In the process of

enquiry the petitioner will be at liberty to produce all the documents regarding his identity as well as identity of his father, date of birth etc. before the

said authority and in case the genuineness of the petitioner is established in the enquiry, the petitioner will be at liberty to move appropriate authority

for restoration of his licence.

6.

With the above observations and directions, this writ petition is disposed of.Â