RADHESHYAM Vs. UNION OF INDIA

JUDGEMENT

(1.) These are a bunch of six writ appeals filed under section 2 of the Madhya Pradesh Uchha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 filed by the appellants assailing order dated 1-4-2010 passed by Hon'ble Single Judge in Writ Petition No. 1873/2010 and others dismissing the petitions of the appellants. The order passed in this petition shall govern all the writ appeals. A copy of this order be maintained in other writ appeals.

(2.) The brief facts of lis are that the appellants had filed writ petitions before this Court challenging three orders : order dated 5-1-2010 passed by the Deputy Narcotics Commissioner, Central Bureau of Narcotics, Gwalior, order dated 10-2-2010 passed by the Deputy Narcotics Commissioner, Central Bureau of Narcotics, Mandsaur and order dated 17-2-2010 passed by District Opium Officer, Central Bureau of Narcotics, Mandsaur cancelling the licence of the appellants as well as upholding the cancellation to cultivate the opium crop for the year October, 2009 - September, 2010. Hence the appellants filed these writ appeals before this Court alleging that the petitioners were granted licence under the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the Act for brevity) by the District Narcotic Officer of the Central Bureau of Narcotic for the cultivation of the opium and the poppy straw for the crop year 2009-2010 and despite the fact that the licences were already issued by the respondent department.

(3.) The Counsel for the appellants petitioners contended that the respondent/department alleged that the licencees did not fulfil the requirements of the opium policies and were not eligible for grant of licences under the General Conditions relating to grant of licence notified by the Central Bureau for the crop year 2009-2010, the Competent Authority issued show cause notice to the ineligible cultivators as to why their licences should not be cancelled. After considering the reply, the licences were cancelled and the Appellate Authority under Rule 28 of the Rules also dismissed the appeals filed by the licencees and being aggrieved by the order of cancellation of licences in this light, the writ petitions were filed.