IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 787 of 2009
Harizan Mahto @ Harijan Mahto ... Petitioner
Versus
The State of Jharkhand & others ... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the Petitioner Mr. Nilesh Kumar Agrawal
For the Respondents Mr. R. Shankar (S.C.-I)
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2/ Dated: 15th of April, 2009
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
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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. 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
14th 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.
(D.N. Patel, J.)
Ajay/