Case Note & Summary
The petitioner, Maharashtra State Co-operative Consumers Federation Ltd., a society registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ petition under Article 226 of the Constitution of India challenging a decision dated 5/10/2015 of the State Government. The petitioner claimed that the Government had substantial control over its affairs as the State held most of its share capital. The background of the case involved a Public Interest Litigation (PIL No.3427/2000) before the Nagpur Bench of the Bombay High Court concerning the supply of medicines to patients in public hospitals. The court had appointed a Bhagwati Committee, and based on its recommendations, the Government decided on 2/3/2009 that the petitioner's premises or shops should be handed over to another agency. The petitioner contended that this decision was taken without giving it any opportunity of being heard, violating principles of natural justice. The respondents argued that the petitioner was a government-controlled entity and the decision was in public interest. The court analyzed the issue and held that even if the petitioner was under government control, it had a right to be heard before any adverse decision affecting its property rights. The court quashed the decision dated 5/10/2015 and directed the respondents to hear the petitioner before taking any further action. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Natural Justice - Right to be Heard - Article 226 of the Constitution of India - The State Government's decision to hand over the petitioner's premises to another agency without giving the petitioner an opportunity of hearing was held to be violative of principles of natural justice. The court quashed the decision and directed the respondents to hear the petitioner before taking any further action. (Paras 1-10)
Issue of Consideration
Whether the State Government's decision to hand over the petitioner's premises to another agency without affording the petitioner an opportunity of hearing is violative of principles of natural justice.
Final Decision
The court quashed the decision dated 5/10/2015 and directed the respondents to hear the petitioner before taking any further action. Rule made absolute. No order as to costs.
Law Points
- Natural justice
- Right to be heard
- Writ of mandamus
- Article 226
- Maharashtra Cooperative Societies Act
- 1960
