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RAVI RANJAN, SUJIT NARAYAN PRASAD
Pramila Devi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 10.05.2018 passed by learned Single Judge of this Court in W.P.(C) No. 5596 of 2013, whereby and whereunder, the writ petition has been dismissed declining to interfere with the order passed by the administrative authority cancelling the public distribution system (in short PDS) licence of the writ petitioner.
2. The brief facts of the case as per the pleading made in the writ petition required to be enumerated, read as under:
The PDS licence issued in favour of the writ petitioner has been cancelled on the allegation that the writ petitioner was going to sell ration articles in black-market and on the way it was seized. The authority has instituted FIR on the said allegation being Ramgarh P.S. Case No. 39 of 2010 for alleged commission of offence under Section 7 of the Essential Commodities Act and show cause notice was also issued to the writ petitioner for cancellation of her PDS licence.
The writ petitioner had filed her reply to the said show cause notice denying the allegation but the reply having not been found to be satisfactory, the licence was ca
The cancellation of a licence based on an order that was not in existence at the time of cancellation is null and void. Violation of principles of natural justice in the cancellation process requires....
Administrative actions taken without authority of law are nullities, necessitating legal enforcement of regulatory frameworks for public distribution licenses.
The principles of natural justice require that a licensee must be given a reasonable opportunity to defend against allegations before any cancellation of their license can occur, as mandated by Claus....
Administrative actions taken without legal jurisdiction are nullities and cannot stand.
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