Single judge held that cancellation of a fair price shop licence without affording a personal hearing violates natural justice. The impugned order was quashed, permitting the District Supply Officer to issue a fresh notice.
Impugned order cancelling licence and forfeiting deposit quashed and set aside; fresh notice to be issued.
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Urmila Ingale
Digitally URMILA signed byURMILAPRAMOD PRAMOD INGALE INGALE Date:2021.08.05 19:24:33 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2746 OF 2021
Mr.Shantanna Budhanna Dhotre …. Petitioner Vs. State of Maharashtra and anr. ….. Respondents
Mr.S.P. Kanuga i/b Ms.Poonam P. Bhosale, for the Petitioner. Smt. M.S.Bane, AGP for the Respondent – State.
CORAM : M. S.KARNIK, J.
DATE : 05th AUGUST, 2021
P.C. :
. Heard learned Counsel for the Petitioner. It is the contention of the learned Counsel for the Petitioner that the impugned order is passed cancelling the licence and forfeiting the deposit in respect of the fair price shop without giving a personal hearing to the Petitioner and without holding an enquiry. It is the contention of learned AGP that enquiry was held. It is the further submission that in terms of clause 24 of the Maharashtra Schedule Commodities (Distribution) Order, 1975, there is alternate efcacious remedy of approaching Commissioner by fling the revision.
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(M.S.KARNIK, J.)
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1 issue framed by the court
Whether cancellation of a fair price shop licence without a personal hearing is permissible under principles of natural justice.
1 provisions across 1 enactments
Urmila Ingale
State of Maharashtra
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
