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Bombay High CourtWP/2750/2021disposed off

Smt. Janaki Joya Dalwani v. State Of Maharashtra

2021-08-05Hon'Ble Shri Justice M. S. Karnik2 pages

40. wp 2750.21.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2021.10.22 12:29:46 +0530 URMILA PRAMOD INGALE WRIT PETITION NO. 2750 OF 2021 Smt.Janaki Joya Dalwani .... Petitioner Vs.

State of Maharashtra and anr.

..... Respondents Mr.S.P. Kanuga, for the Petitioner.

Mr.P.P.Pujari, AGP for the Respondent - State. CORAM :

M. S.KARNIK, J.

DATE :

05th AUGUST, 2021 P.C. :

.

Heard learned Counsel for the Petitioner. It is the contention of the learned Counsel for the Petitioner that the impugned order is passed cancelling the licence and forfeited the deposit in respect of the fair price shop without giving a personal hearing to the Petitioner and without holding an enquiry. It is the contention of learned AGP that enquiry was held. 2.

I fnd in the present case, the impugned order has been passed without afording any opportunity of personal hearing on the question of cancellation of licence which is a drastic action. In this view of the matter, the impugned order is This order is corrected pursuant to speaking to minutes of order dt.22/10/2021. 1/2

40. wp 2750.21.doc quashed and set aside. The District Supply Ofcer is at liberty to issue fresh notice and pass appropriate orders in accordance with law after following principles of natural justice. It is made clear that this Court has not expressed any opinion on merits of the matter. All contentions are kept open. Writ Petition is disposed of.

(M.S.KARNIK, J.) This order is corrected pursuant to speaking to minutes of order dt.22/10/2021. 2/2