M/S. Toddy Tappers Cooperative Society v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.25361 OF 2016 O R D E R :

Petitioner in this Writ Petition has questioned the proceedings in Cr.No.1455/2016/CPE/E1, dt.17.05.2016 of the 2nd respondent confirming the cancellation of TCS license granted to the petitionerSociety to establish shops at TCS Nallavalli in Nallavalli Village, Jinnaram Mandal, Medak District.

2. Counsel for the petitioner submits that on the day fixed for hearing i.e., on 17.05.2016, the President of the Petitioner-Society reached the office of the 2nd respondent ten minutes late and in the meantime, the case was called by the 2nd respondent and the impugned order was passed.

3. The Government Pleader for appearing for respondents states that the 2nd respondent will give a hearing to the petitioner and pass a fresh order in accordance with law.

4. Having regard to the fact that the absence of the President of the Petitioner-Society before the 2nd respondent on 17.05.2016 is probably on account of traffic and since the petitioner states that its President was late only by ten minutes, the impugned order, which is passed on 17.05.2016 confirming the cancellation of TCS license granted to the Petitioner-Society, has to be considered as an order passed in violation of natural justice, and therefore it is set aside. The 2nd respondent is directed to provide a hearing to the petitioner within a period of four

(04) weeks from the date of receipt of a copy of this order and pass a fresh order in accordance with law and communicate the same to the petitioner.

5. The Writ Petition is allowed with the above direction. There shall be no order as to costs.

6. Consequently, Miscellaneous Petitions pending if any, shall stand closed.

______________________________ M.S. RAMACHANDRA RAO, J 02nd August, 2016.

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