CHANDA PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the Clinic and Ultra Sound Clinic of the petitioner running in the name of New Junu Ultra Sound situated at Sadar Hospital Road, Daltonganj, District Palamau has been sealed without issuing any notice and without assigning any reason to the best of the knowledge of the petitioner, therefore, the instant writ petition has been filed.

(2.) The ground has been urged that even if there is any illegality, the said ultra sound clinic since is the source of livelihood of the petitioner and therefore, before taking his fundamental right as conferred under Article 19(1)(g) of the Constitution of India, an opportunity of hearing ought to have been granted to the petitioner, having not done so, the authorities have acted illegally.

(3.) Ms. Puja Kumari, learned AC to learned GA with all fairness has submitted that the matter may be remitted before the competent authority for taking a decision afresh and to pass a fresh order after providing an opportunity of hearing to the petitioner, if no show cause notice has been issued.