Case Note & Summary
The petitioner, Krishna S/o Sri. Sukhadev Kamble, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad, challenging the order dated 21.11.2023 passed by the Deputy Commissioner/Appellate Authority, Belagavi (Respondent No.1). The impugned order cancelled the petitioner's license to operate a fair price shop under the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016. The petitioner contended that the cancellation was made without providing any opportunity of hearing, thereby violating the principles of natural justice. The respondents, represented by the Additional Government Advocate, did not seriously contest the violation. The High Court, per Justice Suraj Govindaraj, observed that the order was passed in gross violation of natural justice and that the petitioner was not heard before the cancellation. Consequently, the court quashed the impugned order and directed the appellate authority (Respondent No.1) to hear the appeal afresh, after giving the petitioner a reasonable opportunity of being heard. The court also directed that the appeal be disposed of within a period of three months from the date of receipt of the order. The writ petition was allowed in the above terms.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Section 5(5) of Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 - The petitioner's fair price shop license was cancelled by the Deputy Commissioner without affording any opportunity of hearing. The High Court held that the order was passed in violation of principles of natural justice and quashed the same, directing the appellate authority to hear the matter afresh after giving the petitioner a reasonable opportunity. (Paras 1-4) B) Essential Commodities - Fair Price Shop License - Cancellation - Section 5(5) of Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 - The Deputy Commissioner cancelled the license without hearing the petitioner. The High Court found that the order was passed in gross violation of natural justice and set it aside, remanding the matter to the appellate authority for fresh consideration. (Paras 1-4)
Issue of Consideration
Whether the cancellation of the petitioner's fair price shop license by the Deputy Commissioner without providing an opportunity of being heard is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 21.11.2023 passed by the Deputy Commissioner/Appellate Authority, Belagavi is quashed. The matter is remanded to the appellate authority (Respondent No.1) to hear the appeal afresh after giving the petitioner a reasonable opportunity of being heard. The appeal shall be disposed of within a period of three months from the date of receipt of the order.
Law Points
- Natural justice
- right to be heard
- fair price shop license cancellation
- Section 5(5) of Karnataka Essential Commodities Public Distribution System (Control) Order
- 2016
- writ of certiorari
