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NUPUR BHATI
Khemraj S/o Shri Dhanraj Ahir – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India with the following prayer:
(b) The respondents may be directed to petitioner license be restored and hand over the fair price shop immediately.
(c) Any other appropriate relief which this Hon’ble Court deems just and proper in favour of the petitioner may kindly be granted to the petitioner.
(d) The writ petition may kindly be allowed with costs.”
2. Briefly stated the facts of the case are that the petitioner herein was running a fair price shop since 2006 and on 05.08.2016, the District Supply Officer, Chittorgarh issued a show cause notice (Annex.-1) stating therein that certain discrepancies have been found in the fair price shop run by the petitioner as per the report dated 01.08.2016 submitted by the Enforcement Officer, whereby petitioner was directed to submit reply or evidence by 10:00 AM on 03.10.2016 and on the same day, licence of the petitioner for
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 cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
Fair price shop licenses cannot be cancelled without conducting a proper inquiry and adhering to principles of natural justice, including providing a show cause notice and opportunity to respond.
since the suspension was during pendency of the inquiry initiated against the petitioner and a final order was passed, the petition became infructuous and this Court need not advert to various conten....
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
The dismissal of a writ petition due to the petitioner's repeated non-appearance in hearings illustrates the necessity of adherence to principles of natural justice in administrative proceedings.
The cancellation of a Fair Price Shop authorization without proper notice and opportunity to be heard violates principles of natural justice.
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