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IN THE HIGH COURT OF TELANGANA AT HYDERABAD
Surepalli Nanda
V.M.Sateesh – Appellant
Versus
Telangana Dairy Development Co-operative Federation Limited – Respondent
| Table of Content |
|---|
| 1. cancellation of dairy parlour stall (Para 2 , 3 , 4) |
| 2. violation of natural justice (Para 9 , 10 , 11 , 12 , 13) |
ORDER :
Heard Sri C.Ramachandra Raju, learned counsel appearing on behalf of the Petitioner, Sri M.Ajay Kumar, learned standing counsel appearing on behalf of the respondent Nos.1 & 2, Sri P.Shamantak, learned counsel representing Sri R.Anurag, learned standing counsel for TSRTC appearing on behalf of the respondent No.3 and Sri Baglekar Akash Kumar, learned counsel appearing on behalf of the respondent No.4.
“…to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent vide his order dated 18/06/2024 cancelling the allotment of Vijaya Dairy Parlour Stall in Mahabubnagar Bus Station given to the petitioner is highly unwarranted, unjust, highly arbitrary, illegal and violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and pass
A. The impugned proceedings letter No. 1541/GM(Mkt)/ 2017, dated 18.06.2024 issued by the 2nd respondent to the petitioner is extracted hereunder;-
While so, vide reference 2nd & 3rd cited it has come to
Cancellation of administrative allotment without notice violates principles of natural justice, necessitating fair procedures even in the absence of explicit statutory requirements.
Demand for license fee before business commencement violates natural justice principles and must be based on factual correctness.
The principles of natural justice apply in contractual matters with civil consequences, allowing for judicial review of decisions that violate these principles.
A fair price shop license cannot be cancelled without affording a reasonable opportunity to the licensee to defend against the allegations in accordance with the principles of natural justice.
The dismissal of a writ petition due to the petitioner's repeated non-appearance in hearings illustrates the necessity of adherence to principles of natural justice in administrative proceedings.
Administrative orders must provide clear reasoning and specify durations to comply with natural justice principles, ensuring transparency and fairness.
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