T S MAHADEVAIAH Vs. STATE

JUDGEMENT

(1.) Though this petition is posted for orders, having regard to the fact that it can be disposed of on a short point it is taken up for final disposal.

(2.) In this petition under Arts. 226 and 227 of the Constitution, the petitioner had sought for quashing the order dt 29-3-1984 passed by the second respondent, bearing No. FSD. PRO. 75/83-84 (Annexure-C), suspending for a period of six months from the date of the order the licence issued to the petitioner for running the Rice Mill known as Manjunatha Rice Mill, B. G. Palya, Tumkur, in No. RMI. 4/76 dt. 16-7-1976.

(3.) It is contended on behalf of the petitioner that the show cause notice was issued to the petitioner as per Annexure A, alleging that the petitioner had not surrendered 50% of the total quantity of rice obtained by milling paddy in the mill, and that amounted to misrepresentation to the licencing authority under S. 7 of the Rice Milling Industry (Regulation) Act, 1958 (hereinafter referred to as the 'Act'). The petitioner had filed the objections to the same. But the order of suspension is passed on two grounds, that the levy has not been surrendered and the fortnightly returns in Form 'B' have not been furnished as per S. 11 of the Act. It is contended on behalf of the petitioner that as far as the ground relating to failure to surrender the levy is concerned, it is not relevant for the purpose of taking action under the provisions of the Acc. Regarding the second ground it is submitted that that is not the ground alleged in the show cause notice. Therefore, it is submitted that it amounts to suspending the licence without affording an opportunity to the petitioner.