HARIZAN MAHTO @ HARIJAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly for the reason that without giving any opportunity of being heard, licence granted to the present petitioner of fair price shop has been cancelled by respondent no. 2 vide order dated 14th November, 2008 (Annexure -3).

(2.) IT is submitted by the learned counsel for the petitioner that reason stated in the order at Annexure -3 for cancelling the licence of the petitioner is that some 19 card holders plus 3 other card holders statements were recorded and it is alleged against the present petitioner that higher price of the food grains and other articles were charged by the present petitioner. Never these statements were supplied to the petitioner nor any notice was ever given to the petitioner nor have even the names of the ration card holders been given to the petitioner. What is stated by whom, is also not reflected anywhere? Straightway, an order has been passed without following the principles of natural justice and, therefore, order at Annexure -3 deserves to be quashed and set aside.

(3.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that the petitioner was given a licence of fair price shop for sale and distribution of the food grains etc. to the ration card holders since 1990 and this licence has been cancelled vide order dated 14th November. 2008 (Annexure -3) for the reason that on 28th September, 2008, few statements of 19 card holders plus 3 other card holders were recorded and these card holders have stated that higher price was charged for the food grains etc. by the present petitioner and, therefore, straightway, the licence was cancelled as there is breach of conditions of licence. It is admitted fact that never any notice was given to the present petitioner nor have any details been given. Likewise, no details or summary of the statements were given to the petitioner. Admittedly, no opportunity of being heard is given to the petitioner. Thus, an order has been passed on 14th November, 2008, without giving any opportunity of being heard and utter violation of the principles of natural justice.