Mukesh Kumar Agrawal vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(SC) 1362

S.B.SINHA, CYRIAC JOSEPH
Mukesh Kumar Agrawal – Appellant
Versus
State of U. P. – Respondent

Judgement Key Points

How to determine when a writ petition should be entertained for pure questions of fact in administrative licensing matters? What is the scope of appellate authorities to review both questions of law and fact under Article 226 in licensing orders? What are the conditions under which malice of fact must be pleaded and proved in challenging a licensing authority’s order?

How to determine when a writ petition should be entertained for pure questions of fact in administrative licensing matters?

What is the scope of appellate authorities to review both questions of law and fact under Article 226 in licensing orders?

What are the conditions under which malice of fact must be pleaded and proved in challenging a licensing authority’s order?

Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 4.2.2008 passed by a Division Bench of the High Court of Judicature at Allahabad in Writ Petition No. 5255 of 2008 whereby and whereunder the writ petition filed by the appellant questioning the validity of a judgment and order dated 9.1.2008 has been dismissed.

3. Appellant was a dealer in High Speed Diesel Oil and Light Diesel Oil. Business in the said commodity is governed by the U.P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 (for short, "1981 Order"). The said 1981 Order has been framed in terms of Section 3 of the Essential Commodities Act, 1955. Appellant was granted a licence for dealing in the said commodities in terms of the said 1981 Order on or about 1.4.1990, which was renewed till 31.3.2010. Indisputably, on the premise that he had violated the terms and conditions of the said licence, the Licensing Authority by reason of an order dated 22.6.2002 cancelled the said licence.

Appellant preferred a writ petition thereagainst in the High court. By an interim order dated 9.7.2002, the oper

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2009 Supreme(SC) 1362

S.B.SINHA, CYRIAC JOSEPHMukesh Kumar Agrawal – AppellantVersusState of U. P. – Respondent

How to determine when a writ petition should be entertained for pure questions of fact in administrative licensing matters?

What is the scope of appellate authorities to review both questions of law and fact under Article 226 in licensing orders?

What are the conditions under which malice of fact must be pleaded and proved in challenging a licensing authority’s order?

Cases Referred (2)

S.B.SINHA, CYRIAC JOSEPH
Mukesh Kumar Agrawal – Appellant
Versus
State of U. P. – Respondent