Case Note & Summary
The petitioner, Kalunath Jogi, was granted an explosives licence under the Explosives Act, 1884 by the Additional District Magistrate, Yavatmal, vide order dated 07.04.2015. Respondent No.4, Niranjan Jadhav, filed an appeal before the Divisional Commissioner, Amravati (respondent No.3), who allowed the appeal and cancelled the licence by order dated 19.03.2016. The petitioner challenged this appellate order by way of a writ petition before the Bombay High Court, Nagpur Bench. The principal contention raised by the petitioner was that the Divisional Commissioner passed the order without providing a copy of the appeal to the petitioner and without affording any opportunity of hearing, thereby violating the principles of natural justice. The High Court noted that the office report indicated that all respondents, including respondent No.4, were served, but none appeared for respondent No.4. The court observed that the appellate order was passed in gross violation of natural justice as the petitioner was not given a copy of the appeal and was not heard. Consequently, the High Court quashed and set aside the order dated 19.03.2016 passed by the Divisional Commissioner and restored the order dated 07.04.2015 granting the explosives licence to the petitioner. The writ petition was allowed in terms of the rule.
Headnote
A) Administrative Law - Natural Justice - Right to Hearing - Explosives Act, 1884 - Cancellation of Licence - The petitioner was granted an explosives licence under the Explosives Act, 1884 by the Additional District Magistrate. On appeal by a third party, the Divisional Commissioner cancelled the licence without providing a copy of the appeal or an opportunity of hearing to the petitioner. The High Court held that the appellate order was passed in gross violation of principles of natural justice and quashed the same, restoring the licence. (Paras 1-6) B) Explosives Act, 1884 - Licence Cancellation - Appellate Authority's Duty - The appellate authority must provide a copy of the appeal and an opportunity of hearing to the licencee before passing an adverse order. Failure to do so renders the order illegal and unsustainable. (Paras 4-6)
Issue of Consideration
Whether the order passed by the Divisional Commissioner cancelling the explosives licence granted to the petitioner under the Explosives Act, 1884, is sustainable when the petitioner was not given a copy of the appeal and was not heard before the appellate order was passed.
Final Decision
The writ petition is allowed. The order dated 19.03.2016 passed by the respondent No.3 - Divisional Commissioner, Amravati Division, Amravati, is quashed and set aside. The order dated 07.04.2015 passed by the respondent No.1 - Additional District Magistrate, Yavatmal, granting explosives licence to the petitioner, is restored. Rule is made absolute in the aforesaid terms.
Law Points
- Natural justice
- right to hearing
- appellate authority must provide copy of appeal and opportunity of hearing
- Explosives Act 1884
- cancellation of licence without hearing is illegal
