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2010 Supreme(All) 3039

[2010(8) ADJ 64 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : SABHAJEET YADAV, J.
MOTI LAL ....Petitioner
Versus
COMMISSIONER, VARANASI AND ANOTHER ....Respondents
(Civil Misc. Writ Petition No. 8298 of 1996, decided on 6th September, 2010)

Advocates:
`Counsel :
S.K. Lal for the Petitioner; S.C. for the Respondents.

Headnote:Licence—Fair Price Shop—Cancellation—No show-cause notice or opportunity was given—Appeal filed by petitioner also dismissed by Commissioner—Under the relevant provisions of Government Orders regulating appointment and termination of licences of fair price shop, no such procedure can be adopted by authorities in open meeting of Gaon Sabha—In case licence has to be cancelled, necessary to issue show-cause notice with material allegation and affording opportunity of hearing final decision has to be taken—But not permitted to cancel licence in open meeting of village Panchayat—View of licensing and Appellate authority wholly erroneous and without jurisdiction.

       Petition Allowed.

       

MOTI LAL vs COMMISSIONER, VARANASI - 2010 Supreme(All) 3039
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