The Supreme Court of Rajasthan held that the cancellation of a permanent trader's license without issuing a charge sheet or providing an opportunity to rebut charges under Rule 71 violates natural justice.
Impugned order dated 27.04.2005 quashed; subsequent proceedings quashed; original license restored.
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.
[2023:RJ-JP:14980]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1091/2010
M/s Ikramuddin thorugh it’s prop. Ikramuddin S/o Ahmed Khan, R/o Vyas Colony, Nahari Ka Naka, Jaipur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sunil Samdaria For Respondent(s) : Mr. Manju Joshi, Add.G.C. Mr. Ajay Pratap Singh
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
21/07/2023
The present writ petition has been filed by the petitioner assailing the order dated 27.04.2005 issued by the respondent No.2 Krishi Upaj Mandi Samiti, by which the permanent trader’s license of the petitioner has been cancelled.
Counsel for the petitioner submits that the present case is fairly covered by the order of the Court dated 18.07.2007 passed in S.B. Civil Writ Petition No.6198/2005 “Shabbir Bhai Vs. State of Rajasthan and Other” and other connected matters.
Counsel for the respondents fairly admits that the case of petitioner is covered by the judgment of this Court in case of Shabbir Bhai (supra).
In case of Shabbir Bhai (supra), the Court after considering the submission of the parties has observed as under:-
[2023:RJ-JP:14980]
[CW-1091/2010]
(2 of 2)
“I am of the considered opinion that no decision of cancellation could be taken by the State Government before issuance of the charge sheet and further providing an opportunity to the petitioner to rebut the charges leveled against him as required under Rule 71 of the Rules of 1963. Apart from above, the said order is violative of the principles of natural justice and therefore, the same is liable to be quashed.
In addition to the above, Mr. Sunil Samdaria has brought to my notice order dated 18.07.2006, passed by the Director Agriculture Marketing wherein in similar circumstances cancellation of licence has been set aside.
Accordingly, all the aforesaid writ petitions are allowed orders of cancellation of licence are set aside and subsequent proceedings taken in the matter are quashed and set aside and original licence of the petitioners are restored.”
In view of the submissions made by counsel for the petitioner and the admission of counsel for the respondent, the present writ petition is disposed off with the observations that the order and observations given in the case of Shabbir Bhai (supra) shall be applicable in the present case ‘mutatis mutandis’ and the order dated 27.04.2005, which is under challenge in the present writ petition is quashed and set aside.
Accordingly, present writ petition is disposed of, as above.
Since the main petition is disposed, all other pending application/s also stand dismissed.
(GANESH RAM MEENA),J
ARTI SHARMA /80
3 issues framed by the court
Whether the order of cancellation of permanent trader's license violates natural justice by being issued prior to charge sheet and opportunity under Rule 71.
Whether the present writ petition should be disposed off relying on the precedent set in Shabbir Bhai.
Whether the order dated 27.04.2005 cancelling the license should be quashed and set aside.
Colour shows how this judgement treated each authority
Shabbir Bhai Vs. State of Rajasthan and OtherFollowed¶19
S.B. Civil Writ Petition No.6198/2005 Shabbir Bhai Vs. State of Rajasthan and Other
1 provisions across 1 enactments
M/s Ikramuddin
State of Rajasthan
Krishi Upaj Mandi Samiti
Director, Agriculture Produce
GANESH RAM MEENA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
