VIJAYKUMAR G DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Neeraj Soni learned A.G.P., waives service of rule on behalf of the respondents. At the request of the learned advocates for the respective parties, the matter is taken up for final hearing today itself.

(2.) THE petitioner has made a grievance that his license for vending stamps has been cancelled by respondent no. 3 by order dated 6th March, 2007, without affording any opportunity of hearing to him. He has further averred that even the appellate authority, namely respondent no. 2 by communication addressed to the petitioner dated 7th April, 2007 informed the petitioner that the relief claimed by him in the appeal cannot be granted and thereby, he has disposed of the appeal without assigning any reasons or even affording any opportunity of hearing to the petitioner.

(3.) I have closely perused the record of this petition and in particular, the impugned orders. In the order of respondent no. 3 it is not mentioned that the petitioner was heard before passing the said order. It only reflects that while considering the case of the petitioner, only the application filed by Mr. P.J. Parmar was kept in view. Therefore, it is obvious that the petitioner was not given any opportunity of hearing. Same is the case with the communication addressed to the petitioner by respondent no. 2. This amounts to gross violation of principles of natural justice. Even, these orders do not adequately reflect the details of the defaults of the petitioner. In view of the same, they are passed without proper application of mind. It may be noted here, that respondent no. 3 has taken into consideration even the order cancelling the license of the petitioner in the year 2002, which was subsequently quashed and set aside by the appellate authority.