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2001 Supreme(All) 11
IN THE HIGH COURT OF ALLAHABAD
S. K. Sen, C. J. and S. R. Alam, J.
NAUMI RAM - Appellant
Versus
DY.COLLECTOR - Respondents
C. M. W. P. 53846 Of 2000
Decided On : 01/04/2001
C.S.SINGH, S.S.P.GUPTA
Authorities must follow prescribed procedure and afford opportunity to affected parties before taking adverse actions based on mere allegations or complaints.
Headnote:
Procedure - Fair Price Shop Dealer - Quashing of Order
Fact of the Case:
The supply of the writ petitioner, a fair price shop dealer, was stopped by the Sub-Divisional Officer based on a complaint without any inquiry or opportunity of hearing.
Finding of the Court:
The court found that the authority had no power to stop the supply based on mere allegation or complaint without affording an opportunity to the writ petitioner. The impugned order was quashed, and the supply was ordered to be restored to the writ petitioner.
Issues: Stopping of supply without following prescribed procedure and without affording an opportunity to the writ petitioner.
Ratio Decidendi: It is obligatory for the respondent authorities to follow the procedure prescribed by the law and not take action based on mere allegation or complaint without affording an opportunity to the affected party.
Final Decision: The writ petition succeeded, and the impugned order was quashed, with the supply being ordered to be restored to the writ petitioner.
( 1 ) WE have heard Sri S. S. P. Gupta, learned advocate for the writ petitioner and Sri C. S. Singh, learned standing counsel appearing for respondent Nos. 1 and 2.
( 2 ) ON the basis of some complaint received by Up-Ziladhikari (Sub-Divisional Officer) tehsil sagari, district Azamgarh, supply of the writ petitioner, who claims to be a fair price shop dealer has been stopped by the Sub-Divisional Officer, respondent No. 1. The order has been issued by the said respondent to that effect on 13. 11. 2000. It does not appear that any inquiry is pending or any opportunity of hearing was given on the allegation made in the said complaint.
( 3 ) WE are of the view that it is obligatory on the respondent authorities to follow the procedure prescribed by the law and there is no power conferred on the authority to stop the supply on the basis of mere allegation or complaint and to take such action without affording an opportunity to the writ petitioner. In the circumstances, the impugned order dated 13th November, 2000, is quashed. The supply shall be restored to the writ petitioner forthwith. We, however, observe that it shall be open to the respondent authorities to take appropriate action in accordance with law.
( 4 ) THE writ petition succeeds and is allowed.
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