R.M.LODHA, MARKANDEY KATJU
Asit Kumar Kar – Appellant
Versus
State of West Bengal – Respondent
What is the distinction between a review petition and a recall petition in constitutional law? What is the principle of natural justice regarding adverse orders and hearing in contempt/licensing cases? What are the directions and outcomes when a recall petition leads to recalling a paragraph directing licence cancellations without hearing affected parties?
Key Points: - Writ petitions under Article 32 treated as recall petitions to recall directions passed without hearing affected parties (!) (!) - Fundamental principle of natural justice: no adverse orders against a party without hearing him (!) - Court recalled the directions in paragraph 40 of the earlier judgment All Bengal Licensees Association v. Raghabendra Singh & Ors. and disposed of the writ petitions with those directions (!) - Interim High Court stay of licences during pendency; licences cancelled by contempt order challenged; recall petition addressed the lack of hearing in cancellations (!) (!) (!) - The order cancelling licences in paragraph 40 was passed without hearing; petition treated as recall under Article 32 to address due process (!) (!) - The Court clarified that if grievances exist regarding licence grants or policy, they may be challenged in appropriate proceedings before the proper court (!)
ORDER
1. These writ petitions have been filed under Article 32 of the Constitution of India.
2. It appears that the All Bengal Excise Licensees Association had filed a writ petition in the High Court of Calcutta challenging the policy of the State of West Bengal of granting additional licences for foreign liquor and country made spirit. That Petition was filed through the General Secretary of the Association. Subsequently, the writ petition was withdrawn.
3. During the pendency of the writ petition, and before it was withdrawn, an interim order had been passed by the High Court staying the grant of licences. A contempt petition was filed before the High Court alleging that licences were granted in violation of the stay order of the High Court, but that contempt petition was Dismissed. Against that order dismissing the contempt petition, a special leave petition was filed in this Court which was decided by this Court in the judgment Reported as All Bengal Licensees Association v. Raghabendra Singh & Ors. [2007 (11) SCC 374.
4. In that contempt petition, the Court accepted the apology of the alleged ontemnors, but having done so, in paragraph 40 of the judgment it directed cancellati
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