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2009 DIGILAW 539 (JHR)

Harizan Mahto @ Harijan Mahto v. State of Jharkhand

2009-04-15

D.N.PATEL

body2009
JUDGMENT : 1. The present petition has been preferred mainly for the reason that without giving any opportunity of being heard, licence granted to the present petitioner of fair price shop has been cancelled by respondent no. 2 vide order dated 14th November, 2008 (Annexure-3). 2. It is submitted by the learned counsel for the petitioner that reason stated in the order at Annexure-3 for cancelling the licence of the petitioner is that some 19 card holders’ plus 3 other card holders’ statements were recorded and it is alleged against the present petitioner that higher price of the food grains and other articles were charged by the present petitioner. Never these statements were supplied to the petitioner nor any notice was ever given to the petitioner nor have even the names of the ration card holders been given to the petitioner. What is stated by whom, is also not reflected anywhere? Straightway, an order has been passed without following the principles of natural justice and, therefore, order at Annexure-3 deserves to be quashed and set aside. 3. I have heard learned counsel for the respondents, who has submitted that it is an admitted fact that no notice was given so far as present order at Annexure-3, is concerned, but, in the past also the petitioner was given enough warning for suspension of his licence. This fact has been reflected in the counter affidavit in paragraph 6 (e, f and g) and, therefore, no relief, as prayed for, in the present petition may be granted. 4. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that the petitioner was given a licence of fair price shop for sale and distribution of the food grains etc. to the ration card holders since 1990 and this licence has been cancelled vide order dated 14th November. 2008 (Annexure-3) for the reason that on 28th September, 2008, few statements of 19 card holders plus 3 other card holders were recorded and these card holders have stated that higher price was charged for the food grains etc. by the present petitioner and, therefore, straightway, the licence was cancelled as there is breach of conditions of licence. It is admitted fact that never any notice was given to the present petitioner nor have any details been given. by the present petitioner and, therefore, straightway, the licence was cancelled as there is breach of conditions of licence. It is admitted fact that never any notice was given to the present petitioner nor have any details been given. Likewise, no details or summary of the statements were given to the petitioner. Admittedly, no opportunity of being heard is given to the petitioner. Thus, an order has been passed on 14th November, 2008, without giving any opportunity of being heard and utter violation of the principles of natural justice. 5. Learned counsel for the respondents vehemently submitted that in the past, the petitioner was given warning, which is stated in the counter affidavit. This fact alone can not justify the order passed vide order dated 14th November, 2008 (Annexure-3), when there is breach of principles of natural justice. Respondents have passed the order at Annexure-3, very hurriedly and without giving any opportunity of being heard to the petitioner. 6. In view of the facts, I hereby quashed and set aside the order at Annexure-3 to the memo of the petition, vide order dated th November, 2008, reserving liberty with the respondents to follow the due procedure of law and at least bare minimum requirements of the principles of natural justice and, thereafter, they can initiate an action against the present petitioner. 6. The petition is allowed with no order as to costs.