LAWS(ALL)-1999-4-234

VIJAY KUMAR Vs. DISTRICT REGISTRAR ADDITIONAL COLLECTOR PILIBHIT

Decided On April 21, 1999
VIJAY KUMAR Appellant
V/S
DISTRICT REGISTRAR/ADDITIONAL COLLECTOR, PILIBHIT Respondents

JUDGEMENT

(1.) The petitioner, a 'Document Writer' within the meaning of the Uttar Pradesh Document Writers Licensing Rules. 1977 (hereinafter referred to as the Rules), has come up with a prayer to quash the order dated 17.5.1993 passed under Rule 16 (I) of the Rules by the Additional Collector (Finance and Revenue)/Ex-Officio. District Registrar, Pilibhit, as contained in Annexure-2, suspending his licence with immediate effect on the ground that it is violative of the principles of natural justice as contained in Rule 16 (2) of the Rules which lays down that no order under sub-rule (1) shall be passed unless the document writer has been given an opportunity of being heard in his defence. The Submissions :

(2.) Sri Ashok Bhushan, learned counsel appearing in support of this writ petition, contended with reference to the statements made in paragraphs 5 to 7 and 11 of the writ petition that no opportunity of hearing having been given to the petitioner before passing of the impugned order, which has not been denied by the respondents by filing any counter-affidavit, this writ petition be allowed. He also points out that pursuant to the interim order dated 14.6.1993 the operation of the impugned order was kept in abeyance till further orders of this Court.

(3.) Sri P.K. Bisaria, learned standing counsel on behalf of the respondents, in reply, takes up a stand that there appears to be substance in the contentions of Sri Ashok Bhushan.