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RAHEESH versus STATE & ORS

High Court of Rajasthan

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RAHEESH v STATE & ORS - CW Case No. 1462 of 2003 [2005] RD-RJ 660 (21 March 2005)

S.B. CIVIL WRIT PETITION NO.1462/2003

Raheesh vs. State & ors.

Date : 21.3.2005

HON'BLE MR. PRAKASH TATIA, J.

Mr. M.A. Siddiqui, for the petitioner.

Mr. S.N. Tiwari, Dy.GA, for the respondents.

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Heard learned counsel for the parties.

The grievance of the petitioner is that the petitioner's license for meat shop was cancelled without affording him any opportunity of hearing.

The respondents have submitted their reply and stated that the petitioner was served with many notices and lastly, he was served notice on 6.1.2003, which is placed on record as Annex.R/4. This notice was duly received by the petitioner himself and thereafter, the impugned order was passed after looking to the entire facts of the case.

Learned counsel for the petitioner submitted that the petitioner has filed rejoinder and has denied receipt of any notice and as such, the petitioner may be permitted a fresh opportunity so that he may put up his case before the concerned authority.

It appears that the order has been passed by the authorities after notice to the petitioner and for that purpose, the respondents have placed on record copy of notice duly received by the petitioner as

Annexure-R/4 and mere oral denial of the petitioner in the circumstances is of no consequence. Further, the matter of grant of license for opening a meat shop is in the discretion of the authorities and for that purpose, they may have their own satisfaction for continuation of the license.

In view of the above, I do not find any merit in this writ petition.

Accordingly, this writ petition, having no merit, is hereby dismissed.

(PRAKASH TATIA), J.

S.Phophaliya


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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