Case Note & Summary
The petitioner, Sri Manjunath B., was a licensee running a fair price shop under the Karnataka Essential Commodities Public Distribution System (Control) Order 2016. The 3rd respondent, the Additional Director of the Department of Food, Civil Supplies and Consumer Affairs, passed an order dated 20.09.2022 cancelling the petitioner's license. The petitioner challenged this order by way of a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The primary ground of challenge was that the impugned order was passed without issuing any show cause notice to the petitioner, thereby violating the principles of natural justice. The court heard the petitioner's counsel, Sri H.P. Gangesh Gowda, and the respondents' counsel, Sri M. Vinod Kumar (AGA) and Sri R.B. Mruthyunjaya (for respondent No.5). The court found that the order was indeed passed without any show cause notice and without affording an opportunity of hearing. Consequently, the court quashed the impugned order and directed the respondents to restore the supply of ration to the petitioner's fair price shop. The court also granted liberty to the respondents to initiate fresh proceedings in accordance with law, if so advised.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Karnataka Essential Commodities Public Distribution System (Control) Order 2016 - Cancellation of license without show cause notice is violative of principles of natural justice - The court held that the order cancelling the license was passed without affording any opportunity of hearing to the petitioner, rendering it unsustainable (Paras 1-5).
Issue of Consideration
Whether the cancellation of the petitioner's fair price shop license without issuance of a show cause notice is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 20.09.2022 passed by the 3rd respondent is quashed. The respondents are directed to restore the supply of ration to the petitioner's fair price shop. Liberty is reserved to the respondents to initiate fresh proceedings in accordance with law, if so advised.
Law Points
- Natural justice
- audi alteram partem
- show cause notice
- cancellation of license
- fair price shop
- essential commodities
- public distribution system
