Allowed

Hazi Chunna v. the District Magistrate Mathura and Another

Allahabad HC30 Nov 2018WRIC/37580/2018

Case brief

AI extract

What is this about?

The High Court quashed an order cancelling a cattle fair licence passed without an opportunity of hearing. The petitioner was allowed the writ petition, and the respondent was directed to pass a fresh order after conducting a hearing. The court declined to adjudicate on the merits of the claim.

What did the court decide?

Quashed the order dated 6.11.2018 passed by Additional Chief Officer Zila Panchayat. Directed the respondent to pass a fresh order after giving an opportunity of hearing.

Hazi Chunna Vs the District Magistrate Mathura… — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 32

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Case :- WRIT - C No. - 37580 of 2018

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Petitioner :- Hazi Chunna Respondent :- The District Magistrate Mathura And Another Counsel for Petitioner :- Rama Goel Bansal Counsel for Respondent :- C.S.C.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.

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This Court by order dated 17.11.2018 had directed the petitioner to serve a notice upon the Respondent No. 2, Additional Chief Officer, Zila Panchayat, Mathura. In pursuance of the same, Sri Krishna Mohan, Advocate has filed his Vakalatnama on his behalf, which is taken on record.

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Heard learned counsel for the parties and perused the record.

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This writ petition, inter alia, has been filed for the following reliefs;

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"(i) issue a writ of certiorari quashing the order dated 6.11.2018 (Annexure no. 7 to the writ petition) passed by Additional Chief Officer Zila Panchayat, Mathura.

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(ii) issue a writ, order or direction in the nature of mandamus directing the concerned officer not to interfere illegally in conducting the cattle's fair by the petitioner."

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Learned counsel for the petitioner has stated that the petitioner was granted a licence for holding cattle's fair but without giving any opportunity of hearing, all of a sudden, the licence of the petitioner was cancelled, on the basis of false, frivolous and flippant allegations. The order dated 6.11.2018 has been passed by the Additional Chief Offficer Zila Panchyat, Mathura arbitrarily ex-parte without affording any opportunity of any nature in utter violation of the principles of nature justice.

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This fact has not been disputed by the learned counsel for the Respondent No. 2 that the impugned order has been passed without affording any opportunity of hearing.

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No useful purpose would be served by keeping the present matter pending.

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In view of the above, with the consent of the parties, the order dated 6.11.2018 passed by the Respondent No. 2 is quashed.

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The writ petition is allowed. The Respondent No. 2 is at liberty to pass a fresh order after giving opportunity of hearing to the petitioner.

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We make it clear that we have not entered into the merits of the claim made by the petitioner and the same shall be decided by the authority concerned on its own merits expeditiously.

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Learned counsel for the petitioner undertakes that the petitioner will fully co-operate with the authorities concerned and will not try to linger on the matter.

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Order Date :- 30.11.2018 vinay

Hazi Chunna v. the District Magistrate Mathura and Another

Case brief

What is this about?

What did the court decide?

Hazi Chunna v. the District Magistrate Mathura and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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