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2025 DAILYLAW 125007 (ALL)

HARINAM v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES LKO AND ANOTHER

WRIC/2136/2025 · 2025-03-06

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13681 Court No. - 7 Case :- WRIT - C No. - 2136 of 2025 Petitioner :- Harinam Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko And Another Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondent and perused the record. 2. The present petition has been filed by the petitioner challenging an order dated 10.02.2025 whereby the fair price shop license of the petitioner has been cancelled. 3. The neat contention of the counsel for the petitioner is that no opportunity of hearing was granted prior to passing of the said impugned order. He placed reliance upon the Government Order dated 05.08.2019, which prescribes for grant of an opportunity of hearing. 4. Considering the fact that an opportunity of hearing is a necessary ingredient of natural justice, having not granted personal hearing clearly renders the order to be against the principle of natural justice. Thus on the said limited ground, the impugned order dated 10.02.2025 is quashed. The matter is remanded to the Licensing Authority to pass a fresh order after affording an opportunity of hearing in accordance with law preferably within a period of six weeks. 5. The petition is disposed of in terms of the above. Order Date :- 6.3.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench