RAJNI CHAUHAN Vs. STATE OF UP

JUDGEMENT

(1.) The Petitioner is a registered contractor of category 'A' with the Respondent No. 2. She is aggrieved by order dated 23.1.2004, passed by Regional Food Controller Agra Division, Agra (the Respondent No. 2) by which the Petitioner's registration as Class 'A' contractor has been cancelled and the Petitioner has been black listed. The impugned order has been assailed on the ground that the same has been passed without affording any opportunity of hearing to the Petitioner.

(2.) A counter-affidavit has been filed by the Respondents. In paragraph 5 of the counter-affidavit it is stated that the Petitioner had got herself registered under category 'A' after concealing material facts, therefore, it was not necessary to afford an opportunity before passing the order dated 23.1.2004.

(3.) Learned Counsel appearing for the Petitioner has submitted that had there been any illegality or misrepresentation/fraud committed by the Petitioner while obtaining the registration, it should have been informed to the Petitioner in the form of show-cause notice so that she could rebut the same but without notice the order should not have been passed as the cancellation of registration will affect not only the present Registration with the Respondent but it will debar the Petitioner from being registered in other Government departments, which will affect the livelihood of the Petitioner.