RAM CHANDRA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) In both these writ petitions, common questions of law and fact are Involved, they were, therefore, heard together and are being disposed of by the common judgment. Heard learned counsel for the petitioners, learned standing counsel and also perused the record.

(2.) By means of these petitions, petitioners, who were stamp vendors, challenge the validity of the order dated 15.12.1987, whereby the licences of the petitioners for stamps vending, have been cancelled by the Additional Collector, Hardoi.

(3.) It appears that the petitioners were granted licences by the Collector for selling stamps, in exercise of powers under Rule 150 of the Stamps Rules read with Section 74 of the Stamps Act. on 12.4.1983 and 2.3.1987 respectively and since then, the petitioners have been vending the stamps. The licences of the petitioners used to be renewed from time to time, in accordance with Rules. All of sudden, without affording any opportunity of hearing to the petitioners, the impugned orders dated 15.12.1987 were passed by the Additional Collector, whereby the licences of the petitioners were cancelled. In the impugned orders of cancellation dated 15.12.1987, it has been stated that the licences are being cancelled on the basis of Inspection note submitted by the Treasury Officer, Hardoi. In the said inspection note, it was stated that the petitioner Ram Chander Gupta has committed Irregularities in the sale of stamps. Inasmuch as, he has demanded more price, than the legal price of the stamps. Against Diwakar Gupta, the allegation was that he has sold one stamp more than the prescribed limit.