On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find that, while it may be the case of the respondent Panchayat that the petitioner has breached the conditions in the D & O license issued to him, I find that, in Ext.P6 notice that was issued to the petitioner by the respondent Panchayat, there is no reference to any particular act or omission on the part of the petitioner which necessitated a cancellation of the D & O license issued to the petitioner. That apart, the learned Standing counsel was not able to point to any provision, under which a restriction, with regard to the time for conducting a fish stall, could be imposed in relation to the activities carried out by the petitioner, more so, when there was no specification in the D & O license with regard to the time during the day when the operation could be carried on by the petitioner. Under the said circumstances, I am of the view that Ex.P6 notice issued to the petitioner, which is essentially in the nature of an order directing the petitioner to comply with the conditions regarding conduct of a fish stall during a particular time of the day, cannot be legally sustained, since it was not preceded by any valid
