Suresh Sharma vs State of Jharkhand and Others

S.J. Mukhopadhaya, J.—This application has been preferred by petitioner against the order No. 310 dated 1.11.2000 whereby and whereunder the registration of the petitioner has been cancelled.

According to petitioner registration has been cancelled without notice and hearing him.

It appears that the said order dated 1.11.2000 was passed by the Building Construction Department, Bihar, Patna which fell for consideration in the case of Rameshwaram v. State of Jharkhand and Ors. CWJC No. 4192 of 2000--Disposed of; on 5.1.2001; See 2001 (1) JCR 280; Baba Construction and Ors. v. State of Jharkhand and Ors., CWJC No. 351 of 2O01--Disposed of on 31.5.2001 and Dilip Kumar Bohra v. State of Jharkhand and Ors. CWJC No. 304 of 2001--Disposed of on 24.8.2001. In all those cases, the Court set aside the order in respect to such petitioner having issued without show cause notice to the individual petitioner.

In the present case as it is alleged that the order was passed without show cause notice to the petitioner and after reorganisation of the State, the order can not be made applicable in respect to the State of Jharkhand, the Secretary, Building Construction and Housing Department, Government of Jharkhand is directed to ignore the order dated 1.11.2000, so far as it relates to petitioner.

However, the Government of Jharkhand may proceed in accordance with law for cancellation and suspension of registration certificate, if so necessary, after notice and hearing the petitioner.

The writ petition stands disposed of.

Petition disposed of.