Case Note & Summary
The petitioner, Hotel Mahee through its proprietor Mrs. Bharati Sachin Jaiswal, challenged the order dated 26.8.2013 passed by respondent No.2/Tahsildar, Warud, cancelling the Eating House Licence granted in favour of the petitioner, and the order dated 3.3.2014 passed by respondent No.1/Collector, Amravati, dismissing the appeal. The petitioner contended that the Tahsildar cancelled the licence without giving any opportunity of hearing, violating principles of natural justice. The court noted that the Certificate of Registration of Eating House was valid until 31.12.2013. The Tahsildar claimed that a show cause notice was issued but the petitioner did not respond. However, the court found that the petitioner was not given a proper opportunity to be heard. The court held that the cancellation of a licence without affording an opportunity of hearing is illegal and unsustainable. The court set aside both the impugned orders and directed the Tahsildar to restore the licence and permit the petitioner to run the hotel. The court also directed that if the Tahsildar intends to take any action, he must follow the principles of natural justice.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Licence - Opportunity of Hearing - The Tahsildar cancelled the Eating House Licence without giving the petitioner an opportunity to show cause, violating principles of natural justice - Held that cancellation without hearing is unsustainable (Paras 1-6).
Issue of Consideration
Whether the cancellation of an Eating House Licence by the Tahsildar without granting an opportunity of hearing to the licensee is valid in law.
Final Decision
The court allowed the writ petition, set aside the impugned orders dated 26.8.2013 and 3.3.2014, and directed the Tahsildar to restore the Eating House Licence and permit the petitioner to run the hotel. The court further directed that if any action is to be taken, the Tahsildar must follow principles of natural justice.
Law Points
- Natural Justice
- Audi Alteram Partem
- Cancellation of Licence
- Opportunity of Hearing
- Show Cause Notice
