S.K. Sen, C.J.

We have heard learned counsel for the parties. The writ petitioner is holder of licence in respect of Scheduled Commodities under U.P. Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1989, (hereinafter referred to as the "control Order"). His contention is that his licence was suspended without giving him any opportunity of hearing. It appears from the impugned order itself that the order was passed on the basis of certain enquiry by the District Magistrate, but no opportunity of hearing appears to have been given. In this connection, we may take note of proviso to sub-clause (2) of Clause 8 of the Control Order, which reads as under: "8. Contravention of conditions of licence.- (1). . . . . . . (2) If the licensing authority is satisfied that any such licensee or his agent or servant or any other person acting on his behalf has contravened any provision of this order or the terms and conditions of the licence, it may without prejudice to any action that may be taken against him, by order in writing cancel or suspend his licence either in respect of all scheduled commodities covered by it or in respect of such of these commodities