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2013 DIGILAW 1220 (JHR)

Rakesh Kumar v. State of Jharkhand

2013-11-13

PRASHANT KUMAR

body2013
ORDER 1. This application has been filed for quashing the order dated 10.10.2012 (Annexure-3) and order dated 26.02.2013 (Annexure-5), whereby the licence of the petitioner of Kerosene Oil Thela Vendor (Hawker) has been canceled. 2. It is submitted by Sri Sachi Nandan Das, learned counsel for the petitioner that from the perusal of impugned orders itself it is clear that the authority before passing the impugned orders have not inquired into the matter and canceled the licence without giving proper opportunity to the petitioner. Hence, the impugned orders are violative of the principles of natural justice. 3. On the other hand, learned counsel appearing for the State submits that petitioner has been given opportunity to show cause and after considering his show cause the licence has been canceled. 4. Having heard the submissions, I have gone through the record of the case. From perusal of Annexure-3, I find that no reason has been given in it as to how the explanation submitted by the petitioner is not satisfactory. Whereas from perusal of Annexure-5, I find that the appellate authority has stated that the petitioner had not adduced any evidence in support of his contention made in the show cause. From perusal of the entire order sheet of the appellate authority, annexed with the writ application, I find that no opportunity given to him to adduce any evidence in support of his case. 5. Under the said circumstance, I find that both the orders dated 10.10.2012 & 26.02.2013 i.e. Annexure-3 & Annexure-5 are violative of principles of natural justice. Thus, the same cannot be sustained. Accordingly, I quash the order dated 10.10.2012 & 26.02.2013 as contained in Annexure-3 & 5 respectively. 6. However, I give liberty to the respondents to pass reasoned order by giving full opportunity of hearing to the petitioner in accordance with law. 7. With the aforesaid observation and direction, this writ application is allowed.