TOPAN DASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A gross misuse and abuse of power, extreme violation of law and flagrant disregard of rule of law, is the minimum, which can be said about the conduct of the respondents in arbitrarily closing down the licenced shop of the petitioner without prior intimation or letter notifying the cancellation of the licence.

(2.) THE justifications sought to be made by raising an untenable bogey of public interest makes the case of the respondents worst. THE tragedy is that in spite of the pronouncement of the Supreme Court in a number of decisions, the highlight of them being Smt. Maneka Gandhi vs. Union of India (1) the law enforcing machineries which are supposed to protect the law, have become law breakers themselves, in this case.

(3.) IN the instant case, the respondents have arbitrarily closed the shop of the petitioner, and that too for good. The midnight raid and the unlawful attack was made on July 12, 1980 We are now in December, 1980. But, the respondents have not even alleged much less proved that even after this, any enquiry has been conducted. The act of the respondents only shows flagrant disregard and clear violation of law. I would have expected the respondents to be apologetical in such a case, and expressed earnest desire to withdraw the illegal actions, but, what has surprised and shocked me the most, is the defence of an undefendable action, and that too, in the name of public interest. It is not possible to imagine, how public interest would have suffered if a petty licensee would have been given a notice to show cause, before the alleged midnight raid. It is also not clear that how public interest would have suffered if the respondents would have made a regular enquiry and cancelled the licence after providing him a reasonable opportunity to show cause.