This writ petition challenged the cancellation of authorisation letters to operate fair price shops without a hearing. The court held that the cancellation violated natural justice principles and allowed the petitions.
The impugned order cancelling the authorisation letters is quashed. Writ petitions allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
JAGDISH KUMAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1556/13 & 3 connected matters)
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1. JAGDISH KUMAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1556/13)
2. RAJESH KUMAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1529/13)
3. NAND KISHORE VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1530/13)
4. JAGDISH CHANDRA VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1587/13)
Dated:- 12.2.15.
HON'BLE MR.JUSTICE SANGEET LODHA
Mr. Kuldeep Mathur, for the petitioners. Mr. Sunil Joshi, for the respondents.
JAGDISH KUMAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1556/13 & 3 connected matters)
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favour were converted into Authorisation Letter for operating the Fair Price Shops at the specific places and the entries in this regard, were made in the Authorisation Letters issued in their favour.
JAGDISH KUMAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1556/13 & 3 connected matters)
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been cancelled by the District Supply Officer without giving an opportunity of hearing to them and therefore, the order impugned passed in gross violation of the principles of natural justice, deserves to be quashed.
JAGDISH KUMAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1556/13 & 3 connected matters)
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material on record.
JAGDISH KUMAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1556/13 & 3 connected matters)
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22.8.98, which was later substituted by another place w.e.f. 9.11.98 vide order dated 10.11.98. Suffice it to say that as per the Authorisation Letters, not only the petitioners have been allotted permanent area for operating the Fair Price Shop but their permanent place of business have also been entered in the Authorisation Letters and therefore, it cannot be said that the Authorisation Letters initially issued in favour of the petitioners to operate Mobile Fair Price Shops have not been converted into the Authorisation Letters for operating the Fair Price Shops at specific place for distribution of the fair price commodities in the area allotted permanently. Thus, the cancellation of the Authorisation Letters issued in favour of the petitioners on the premise that they are operating Mobile Fair Price Shops appears to have been passed without looking into the record and taking into consideration the subsequent events. Admittedly, while cancelling the Authorisation Letters, no opportunity of hearing has been extended to the petitioners. In the considered opinion of this court, the cancellation of the Authorisation Letters issued in favour of the petitioners have civil and evil consequences and therefore, no order could have been passed by the authority concerned without giving them an opportunity of hearing.
JAGDISH KUMAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.1556/13 & 3 connected matters)
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(SANGEET LODHA),J.
Aditya/
2 issues framed by the court
Whether cancellation of authorisation letters for fair price shops was violative of principles of natural justice due to lack of hearing?
Whether authorisation letters issued for mobile fair price shops had been converted into permanent fair price shop authorisations?
1 provisions across 1 enactments
Jagdish Kumar
Rajesh Kumar
Nand Kishore
Jagdish Chandra
State of Rajasthan
Sangeet Lodha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
