RAM DAYAL SHARMA Vs. COLLECTOR AND DISTRICT REGISTRAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE challenge in this writ petition is to the order dated 24th July, 2004 (Annexure-1)passed by the Collector and District registrar, Karauli, whereby the licence No. 6/88, granted to the petitioner for document-writer, has been cancelled.

(3.) THE contention of the learned counsel for the petitioner is that the petitioner was holding a licence of document-writer since 1988 and there was no complaint against him for last about more than 16 years. However, his son Anil Kumar Sharma lodged one fir No. 204/2004 dated 7th April, 2004, at police Station Hindauncity, against one bhagwan s/o Shiv Charan, who was working at the residence of Sub-Registrar, hindauncity. The said person Bhagwan pressurized the Sub-Registrar to take action against the petitioner and, at his instance, a false enquiry-report was prepared by the sub-Registrar against the petitioner and his licence was cancelled. He contended that, after completion of the investigation, a challan was filed against Bhagwan and criminal case is pending against him for trial. He further contended that before cancellation of the licence of the petitioner, it was a duty of the Collector and District Registrar to serve a notice and to afford an opportunity of being heard to the petitioner but a bare perusal of the impugned order (Annexure-1)will show that no notice was given to the petitioner before cancellation of the licence, therefore, the impugned order has not only been passed with mala fide but it is violative of principle of natural justice also, therefore, the same is liable to be quashed. He, therefore, prayed that the writ petition be allowed and the impugned order be quashed.