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A counter affidavit and supplementary counter affidavit have been filed by Respondent Nos. 1 to 5 in which they have admitted that it is the Collector who is the licensing authority and, therefore, it is only the Collector who can proceed to cancel the same.

Having considered the supplementary show-cause filed by the Respondents wherein it has been stated that the District Sub-Registrar, Bikramganj, Rohtas at Sasaram vide letter No. 895 dated 06.12.2016 had requested the Officer-in-Charge, Bikramganj, to lodge an F.I.R. in the aforesaid matter of interpolation of challans which is causing loss to the State Exchequer and since the matter is under investigation, the District Sub-Registrar, Bikramganj, Rohtas at Sasaram vide Memo No. 27 dated 11.01.2017 has requested the Superintendent of Police, Rohtas (Sasaram) to take legal action against the Stamp Vendors and Deed Writers so that the government money is recovered from them.

It is under such circumstances that the licences of the petitioners have been cancelled by the District Sub-Registrar, Bikramganj, Rohtas at Sasaram after giving them due notice and after suspending the licences in the intervening period.

Having considered the matter in its entirety, it appears that the District Sub-Registrar, Bikramganj, Rohtas at Sasaram has exceeded his jurisdiction as nowhere in the Act, he is empowered to issue any cancellation order since he is not the licensing authority. If at all he had found anything amiss or against the petitioners, the matter ought to have been reported to the District Collector to take appropriate action in the matter in accordance with the powers vested in him.