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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Ramashray Prasad Singh – Appellant
Versus
State of Bihar – Respondent
CHAKRADHARI SHARAN SINGH, J.:–The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.
2. The petitioner held a licence to run a Fair Price Shop, which was cancelled by the Licensing Authority by an order dated 27.10.2017 (Annexure 6). He thereafter approached the appellate authority against the said order by filing an appeal, which gave rise to Supply Appeal No.10/2017, which has been dismissed by the District Magistrate, Nalanda for default because of non-appearance of the petitioner as the appellant before him.
3. This application has been filed for setting aside the said order dated 19.01.2021.
4. Learned counsel appearing on behalf of the petitioner has drawn our attention to the entire ordersheet of the said Supply Appeal No.10/2017 to contend that though several dates were fixed for hearing of the appeal, on most of the dates, the District Magistrate-cum-Appellate Authority himself could not hold the court because of his pre-occupations. He has submitted that normally when it is known to a party that the appellate authority is not likely to hold the court, there is a tendency of the litigants not to be present before th
A litigant's right to be heard is fundamental; a dismissal of an appeal without hearing the petitioner, especially due to lack of representation from the deceased advocate, is unsustainable.
The court upheld the cancellation of the petitioner’s fair price shop license due to violations of the Essential Commodities Act, confirming the necessity of a reasonable opportunity to be heard.
The court ruled that delays in appeals due to the pandemic must be condoned as directed by the Supreme Court, emphasizing adherence to legal standards.
Court must ensure fair opportunity for parties to present cases, especially in light of exceptional circumstances like a pandemic; non-speaking orders without justification are against natural justic....
An appeal is not maintainable if no rights or liabilities have been adjudicated upon, thereby necessitating resolution of the underlying writ petition urgently.
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