Allowed

Riya Sharma D/O Shri Vinod Sharma v. the Commissioner, Rajasthan Housing Board

Rajasthan HC17 Jul 2023CW/4450/2023

Case brief

AI extract

What is this about?

In an S.B. Civil Writ Petition, the High Court of Rajasthan allowed the petitioner's challenge against the cancellation of her shop license. The Court held that the absence of a specific inspection report and inadequate allegations regarding license violations rendered the cancellation arbitrary, quashing the order and directing license restoration.

What did the court decide?

The show-cause notices and cancellation order are quashed and set-aside; the respondents are directed to restore the petitioner's license immediately.

Riya Sharma D/O Shri Vinod Sharma Vs the… — Contract and Commercial Disputes | Rajasthan HC (2023)

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2023:RJ-JP:14420

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4450/2023

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Riya Sharma D/o Shri Vinod Sharma, Aged About 24 Years, Resident Of A-501, Mewad Apartment, Haldi Ghati Marg, Pratap Nagar, Sanganer, Jaipur.

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----Petitioner

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Versus

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The Commissioner, Rajasthan Housing Board, Jaipur.

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Deputy Commissioner, Circle-I, Rajasthan Housing Board, Sector No. 5, Pratap Nagar, Sanganer, Jaipur.

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Estate Manager, Circle-I, Rajasthan Housing Board, Sector No. 5, Pratap Nagar, Sanganer, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Aashish Kumar Sharma For Respondent(s) : Mr. Ajay Shukla

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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17/07/2023

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Instant writ petition has been filed by the petitioner with the

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following prayers:-

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“It is therefore, humbly prayed that in the interest of justice, this writ petition may kindly be allowed and this Hon’ble Court after hearing may kindly be pleased to issue following direction:-

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A. By issuing writ order or direction, the letter dated 3.3.2023 (Annex.16) issued by the respondent No. 3 by which the lease licence of the petitioner’s shop has been cancelled, may kindly be quashed and set aside after declaring the same as null, void and ab initio after quashing and setting aside the notices/letters Annex. 6,8,10,12 and 14.

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B. By an appropriate writ order, this Hon’ble court may kindly be pleased to direct the respondents to run the shop to

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[CW-4450/2023]

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(2 of 4)

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the petitioner on the terms and conditions which the respondents Rajasthan Housing Board have put;

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C. Any other relief which this Hon’ble Court may deem just and proper, same may be granted in favour of the petitioner.”

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By this writ petition, the petitioner has challenged the showcause-notices dated 14.02.2023 (Annexure-12) and 15.02.2023 (Annexure-14) as well as cancellation of allotment of shop order dated 03.03.2023 (Annexure-16) whereby, the license of the shop No.11 of the petitioner was cancelled by the respondents.

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Brief facts of the case are that the petitioner was allotted the shop No.11, at Jaipur Chopati, Sector 23, Haldi Ghati Marg, Pratap Nagar, Sanganer, Jaipur for selling of regional foods by the respondents. The petitioner had taken possession of the said shop and started selling the regional foods. On 14.02.2023 and on 15.02.2023, the respondents issued show-cause-notice to the petitioner with regard to selling of non-regional foods on the said shop. The petitioner submitted reply to the show-cause-notices to the respondents, however, the respondents cancelled the license of shop of the petitioner on 03.03.2023. Being aggrieved by the cancellation of license of shop of the petitioner, the petitioner has filed the present writ petition.

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Counsel for the petitioner submits that the respondents have cancelled the license of the petitioner without providing proper opportunity of hearing and without issuing any specific showcause-notice with regard to violation of term and condition of the license as well as without preparing any inspection report with regard to not selling of regional foods at her shop. Counsel further submits that action of the respondents is arbitrary in nature and the same deserves to be set-aside. Counsel further submits that

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(3 of 4) [CW-4450/2023]

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during pendency of the proceedings before this Court, counsel for the respondents seeks two weeks’ time to place on record the inspection report of the shop in dispute prepared by them with regard to selling of non-regional foods by the petitioner and the time was granted to the counsel for the respondents to do the needful, in pursuance thereto, the respondents have filed additional affidavit wherein para No.7, it has been mentioned as

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under:-

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“7. That it is stated that as per the procedure the officers of Rajasthan Housing Board conduct the surprise inspection of entire shops and in case of any major discrepancies and violation of terms and conditions of the lease, the notice on the basis of the inspection conducted by them is given to the lessee. However, no physical inspection report is being prepared separately as the notice is given/sent on the very same day or next day by the Resident Engineer.”

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Counsel further submits that the respondents in their additional affidavit admitted that no physical inspection report was prepared by him with regard to inspection of shop of the petitioner and prayed for allowing the writ petition.

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Counsel for the respondents has opposed the writ petition and submits that they have mentioned the fact regarding selling of non regional food by the petitioner in their show-cause-notice, there was no separate inspection report was required and the petitioner has not deposited the amount of penalty. Counsel further submits that the petitioner is having the alternative remedy of appeal before the competent authority and prayed for dismissal of the writ petition.

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Heard counsel for the parties and perused the record.

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[CW-4450/2023]

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(4 of 4)

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This writ petition filed by the petitioner deserves to be allowed; for the reasons, firstly, the respondents have not specifically mentioned that the petitioner is selling non regional food at her shop and hence violated the term and condition of the license, secondly, the respondents have failed to prepare the inspection report with regard to selling of non regional food by the petitioner at her shop, thirdly, as per admission made by the respondent in their additional affidavit with regard to non preparation of inspection report, therefore, in my considered view, the respondents have acted in arbitrary and hurried manner in cancellation of license of the petitioner without any justification.

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In that view of the matter, I deem it just and proper to exercise the jurisdiction of this Court under Article 226 of the Constitution of India, therefore, the present writ petition is allowed. The action taken by the respondents in issuing showcause-notices dated 14.02.2023 (Annexure-12) and 15.02.2023 (Annexure-14) to the petitioner as well as cancellation of license order dated 03.03.2023 (Annexure-16) are hereby quashed and set-aside. The respondents are directed to restore the license of the petitioner immediately.

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All the pending applications, if any, also stand disposed of.

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(INDERJEET SINGH),J

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Upendra Pratap Singh /86

Riya Sharma D/O Shri Vinod Sharma v. the Commissioner, Rajasthan Housing Board

Case brief

What is this about?

What did the court decide?

Riya Sharma D/O Shri Vinod Sharma v. the Commissioner, Rajasthan Housing Board

Case brief

What is this about?

What did the court decide?

What the court decided

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