Case Note & Summary
The petitioner, Ramdhan Sitaram Thorat, filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging orders dated 25/04/2011 passed by the Hon'ble Minister, Food and Civil Supplies and Consumer Protection, Government of Maharashtra. The Minister allowed revisions filed by respondent No.4 against an order of the Additional Commissioner dated 07/12/2010, which had reinstated the petitioner's fair price shop licence and kerosene retail licence after they were cancelled by the District Supply Officer. The petitioner contended that the Minister's order was passed without any notice or hearing to him, violating principles of natural justice. The court noted that the Additional Commissioner had made observations in his order, but the Minister's order did not indicate any notice or hearing to the petitioner. The court held that the Minister's order was in gross violation of natural justice and set it aside, restoring the Additional Commissioner's order. The court directed the Minister to decide the revision afresh after giving an opportunity of hearing to all parties.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Revision Proceedings - The Minister allowed the revision filed by respondent No.4 and cancelled the petitioner's fair price shop and kerosene retail licence without issuing any notice or granting hearing to the petitioner - Held that the order is in gross violation of principles of natural justice and cannot be sustained (Paras 4-5).
Issue of Consideration
Whether the order passed by the Hon'ble Minister in revision, cancelling the petitioner's fair price shop licence and kerosene retail licence, is sustainable when the petitioner was not given any notice or hearing before the revision was allowed.
Final Decision
The court allowed the writ petitions, set aside the Minister's orders dated 25/04/2011, and restored the Additional Commissioner's order dated 07/12/2010. The court directed the Minister to decide the revision afresh after giving an opportunity of hearing to all parties.
Law Points
- Natural justice
- right to be heard
- revisionary powers
- fair price shop licence
- cancellation of licence
- Maharashtra Essential Commodities (Public Distribution System) Order
- 2005
Case Details
2011 LawText (BOM) (07) 49
Writ Petition Nos.2547/2011 & 2548/2011
Shri R. R. Puri for petitioner; Ms T.Khan and Mr.A.D.Sonak for respondent Nos.1 to 3; Shri P. B. Patil for respondent No.4
Shri Ramdhan S/o Sitaram Thorat
The State of Maharashtra, The Divisional Commissioner, The District Supply Officer, Shri Rajendra Shaligram Nangle
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging orders of the Minister cancelling the petitioner's fair price shop and kerosene retail licence.
Remedy Sought
Petitioner sought quashing of the Minister's orders dated 25/04/2011 and restoration of the Additional Commissioner's order dated 07/12/2010.
Filing Reason
The Minister allowed revisions filed by respondent No.4 without giving any notice or hearing to the petitioner, violating principles of natural justice.
Previous Decisions
The District Supply Officer had cancelled the petitioner's licences. The Additional Commissioner allowed the petitioner's appeal and reinstated the licences on 07/12/2010. The Minister allowed the revision of respondent No.4 and cancelled the licences on 25/04/2011.
Issues
Whether the Minister's order cancelling the petitioner's licences in revision was passed in violation of principles of natural justice as no notice or hearing was given to the petitioner.
Submissions/Arguments
Petitioner argued that the Minister's order was passed without any notice or hearing, violating natural justice.
Respondents did not dispute the lack of notice or hearing.
Ratio Decidendi
An order passed in revision without giving notice or hearing to the affected party is in gross violation of principles of natural justice and cannot be sustained.
Judgment Excerpts
The order passed by the Hon'ble Minister does not indicate that any notice was issued to the petitioner or that any hearing was given to the petitioner before the revision was allowed.
The impugned orders are in gross violation of the principles of natural justice and cannot be sustained.
Procedural History
The District Supply Officer cancelled the petitioner's fair price shop and kerosene retail licence. The petitioner appealed to the Additional Commissioner, who allowed the appeal and reinstated the licences on 07/12/2010. Respondent No.4 filed revisions before the Hon'ble Minister, who allowed them on 25/04/2011, cancelling the licences. The petitioner then filed the present writ petitions.
Acts & Sections
- Constitution of India: Articles 226, 227
