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2025 DAILYLAW 27171 (RAJ)

NEW FINE HALALI MEAT SHOP v. MUNICIPAL CORPORATION KOTA (NORTH)

CW/12319/2025 · 2025-08-19

Anoop Kumar Dhand

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12319/2025 1. New Fine Halali Meat Shop, Through Proprietor Mohammad Islam Kureshi S/o Tayyab Ali Kureshi, Aged About 60 Years, R/o Dcm Indra Gandhi Nagar, Kota (Rajasthan) 2. Kureshi Meat Shop, Through Proprietor Mohammad Umar S/o Abdul Vahab, Aged About 41 Years, R/o Dcm Indra Gandhi Nagar, Kota (Rajasthan) 3. Agra Meat Shop, Through Proprietor Mohammad Salim, Aged About 58 Years, R/o Dcm Indra Gandhi Nagar, Kota (Rajasthan) ----Petitioners Versus Municipal Corporation Kota (North), Through Its Commissioner, Rajeev Gandhi Bhawan, Dusshera Maidan, C.a.d. Circle, Kota (Rajasthan) ----Respondent For Petitioner(s) : Mr. Ajit Kaswa, Mr. Ajay Kumar and Mr. A.H. Ansari For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 19/08/2025 1. Aggrieved by the seizure order dated 17.03.2025 issued by the Municipal Corporation, Kota (North), the instant writ petition has been preferred before this Court. 2. Learned counsel for the petitioner submits that the petitioners are running meat shops and without issuing any notice and without affording any opportunity of hearing to the petitioners, the impugned seizure order has been passed (2 of 2) [CW-12319/2025] against the petitioners and the shops of the petitioners have been seized. Counsel submits that the aforesaid act of the respondent is in violation of the principles of natural justice, hence interference of this Court is warranted. 3. Heard and considered the submissions made at Bar and perused the seizure order dated 17.03.2025. 4. Perusal of the aforesaid order indicates that prior to passing of the aforesaid order, no notice or opportunity of hearing was provided to the petitioners, but notice with blank number and date was mentioned in the impugned order. 5. It is the settled proposition of law that before taking any adverse action against a person, it is expected from the authorities concerned to give him or her at least one opportunity of hearing, but here in the instant case, neither notice was issued to the petitioners nor any opportunity of hearing was provided to them, hence under these circumstances, the order dated 17.03.2025 is not sustainable in the eye of law and the same is liable to be and is hereby quashed and set aside. 6 The respondent is directed to pass fresh order after providing an opportunity of hearing to the petitioners within a period of four weeks form the date of receipt of the certified copy of this order. 7. The present writ petition stands disposed of, accordingly. The stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/17