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SHEKHAR B. SARAF, MANJIVE SHUKLA
Khandelwal Brothers – Appellant
Versus
Joint Chief Controller of Explosives Agra – Respondent
JUDGMENT :
1. Heard learned counsel appearing for the petitioner, learned A.S.G.I. with Sri Gaurav Kumar Chand, learned counsel appearing for Respondent No.1, Sri Rakesh Kumar, learned counsel appearing for Respondents No.2 & 3 and Sri Namit Srivastava, learned counsel appearing for Respondent No.5.
2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the orders dated 26.2.2024, 21.5.2024 and the consequential order dated 15.3.2024 passed by the Respondent No.1.
3. These orders have been passed against the Respondent No.2 cancelling the licence for storage of petroleum products in the premises of the petitioner who is running a retail outlet. Owing to the above orders, the petitioner's business has been directly impacted.
4. Mrs. Shalini Goel, learned counsel appearing on behalf of the petitioner submits that the entire process of issuance of notice, hearing and thereafter the orders being passed has been done after granting opportunity of hearing to Respondent No.2 and without affording an opportunity of hearing to the petitioner. Learned counsel appearing for the petitioner further submits that the reason for cancellation of
The principle of audi alteram partem mandates that parties affected by a decision must be granted an opportunity to be heard, especially when civil consequences arise.
The availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition, especially in cases where there has been a violation of the principle of natural justice ....
The court affirmed that a licensee does not possess a fundamental right to operate a fair price shop and that the inquiry process regarding license cancellation is summary in nature, aligning with pr....
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