Quashed

smt shivkumari ramashr gupta v. state of maharashtra and 3 Ors.

Bombay HC13 Feb 2007WP/1876/2006

Case brief

AI extract

What is this about?

This court quashed an order cancelling the petitioner's ration shop for violation of natural justice, specifically the denial of an opportunity of hearing by the Minister during a revision proceeding. A de novo hearing was ordered.

What did the court decide?

Quashed the Minister's order and directed a de novo hearing of the revision application after giving notice to all concerned.

smt shivkumari ramashr gupta Vs state… — Constitutional and Fundamental Rights | Bombay HC (2007)

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IN THE COURT OF JUDICATURE AT BOMBAY

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ORIGINAL SIDE JURISDICTION

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WRIT PETITION NO.1876 OF 2006

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Shivkumari R.Gupta

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...Petitioners

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vs.

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State of Maharashtra and Ors.

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...Respondents

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Mr.K.K.Jadhav for the petitioners.

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Mr.Shekhar Ingarle, AGP for Respondent nos.1 to 3.
Mr.M.V.Aiya for Respondent no.4.

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CORAM: J.N.PATEL, J. And

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S.C.DHARMADHIKARI, J.

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DATE ; 13TH FEBRUARY, 2007.

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P.C :-

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1.Heard Learned Counsel for the parties.

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2.The petition can be disposed off at the stage
of admission itself. The petitioner who was the
respondent before the Hon’ble Minister who

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entertained a Revision Application against the order
dated 29.3.2005 passed by the Controller of
Rationing, Mumbai under which the Petitioner was
allotted Ration Shop. In the Revision Application
preferred before the Hon’ble Minister by the
aggrieved persons, it is not disputed that the
Hon’ble Minister disposed off the Revision

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Application without issuing notice to Respondent
No.2. i.e. the Petitioner which is the subject
matter of challenge before this court.

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3.It is the case of the Petitioner, that the
Ration Shop of the Petitioner has been cancelled even
without giving opportunity to the Petitioner by the
Hon’ble Minister. The Learned Counsel appearing for
the parties, fairly concede that the order stands
vitiated on this very ground of denial of opportunity
of hearing to the Respondent by the Hon’ble Minister.
We therefore quash and set aside the impugned order
and direct the Hon’ble Minister to hold denovo
hearing of the Revision Application after giving
notice to all concerned. In view of the fact that we
have quashed and set aside the order passed by the

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Hon’ble Minister in Revision, the order dated
29.3.2005 passed by the Controller of Rationing would
stand restored with immediate effect. Petition
disposed off accordingly.

smt shivkumari ramashr gupta v. state of maharashtra and 3 Ors.

Case brief

What is this about?

What did the court decide?

smt shivkumari ramashr gupta v. state of maharashtra and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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