YASHVANTA RAJ.S.K. Vs. LICENSING AUTHORITY

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India questioning the correctness and legality of the order at Annexure-W bearing NO.JDA/MAN/TQA-1/R.MA.PA/ PRA.A/R.P.R/2020-21 dtd. 24/2/2022 whereunder, the petitioner's wholesale fertiliser licence is cancelled in exercise of the power under Clause 31 of the Fertiliser (Control) Order, 1985 (for short 'the Order, 1985') and Annexure-X bearing No.ADA/TA-1/retail GO.PA Raddu/2021-22 dtd. 25/2/2022 cancelling the retail fertiliser licence.

(2.) Heard learned counsel Smt.Sonatai Vakkund for the petitioner and learned Additional Government Advocate for the respondents. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that the petitioner is a wholesale and retail dealer of fertilisers having obtained licence from the respondents-Authorities. Learned counsel would submit that under Annexure-W dtd. 24/2/2022, the petitioner's wholesale licence for sale of fetilisers is cancelled and under Annexure-X dtd. 25/2/2022, the petitioner's retail licence for sale of fetilisers is cancelled without affording an opportunity of hearing as required under Clause 31 of the Order, 1985. Referring to Clause 31 of the Order, 1985, learned counsel would submit that the Authority ought to have provided an opportunity of being heard before suspending or cancelling the authorization of the petitioner. Since the said orders are in violation of the principles of natural justice, learned counsel would submit that the impugned orders are to be stayed and the respondents-Authorities be directed to dispose of the appeal filed by the petitioner as at Annexure-Y dtd. 29/3/2022.