Court No. - 32
Case :- WRIT - C No. - 24771 of 2019 Petitioner :- M/S Kumar Medical Store Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Dhiraj Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed for the following relief:-
"(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.04.2019 passed by the respondent No. 3 (Annexure No. 6 to this writ petition)."
Learned counsel for the petitioner stated that the petitioner is an unregistered partnership firm of three family members, which runs a medical shop under the proprietorship of Anil Kumar, after obtaining valid licence from the concerned Drug Licensing Authority, since 1999 without any complaint. It is further stated that an inspection of the shop in question was made on 16.04.2019 and thereafter a notice dated 26.04.2019 was issued to the petitioner granting him one week time to file reply. According to the petitioner, said notice was received by him on 29.04.2019 and on the same day impugned order dated 29.04.2019 has been passed by the respondent no. 3 cancelling the licence of the petitioner, which is totally illegal, arbitrary and in violation of principles of natural justice, therefore liable to be quashed.
Learned Standing Counsel has not been able to rebut the contention raised by the learned counsel for the petitioner.
Heard learned counsel for the parties and perused the records.
From the perusal of the records, it transpires that the notice was signed by the authority on 23.04.2019 but it was dispatched on 26.04.2019, which according to the petitioner was received to him on 29.04.2019. But curiously without waiting for a week, respondent no. 3 cancelled the licence of the shop of the petitioner much before the expiry of one week. The petitioner has already filed his reply to the notice on 15.05.2019. Thus, we find substance in the submission made by the learned counsel for the petitioner that the order impugned has been passed without application of mind and in utter violation of principles of natural justice and is not sustainable in the eyes of law.
In the facts and circumstances of the case, we think that no purpose would be served by keeping this writ petition pending and calling for any counter affidavit.
Therefore, with the consent of the learned Standing Counsel, we set aside the impugned order dated 29.04.2019 passed by the respondent no. 3.
We highly deprecate the conduct of the respondent no. 3 in cancelling the licence of the petitioner without giving any opportunity of hearing to him.
However, it is open for the respondents to pass a fresh order after considering the reply submitted by the petitioner and after giving a opportunity of hearing to him.
With the aforesaid observation, this writ petition stands allowed.
Order Date :- 30.7.2019 Pkb/