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M/S RAM ASAREY LAL RAJENDRA KUMAR versus STATE OF U.P. THRU' SECY. DEPTT. OF AGRI. & OTHERS

High Court of Judicature at Allahabad

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M/s Ram Asarey Lal Rajendra Kumar v. State Of U.P. Thru' Secy. Deptt. Of Agri. & Others - WRIT - C No. 22731 of 2005 [2005] RD-AH 869 (24 March 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Do as the Act provides

Suspension only after hearing                                    COURT NO. 34

CIVIL MISC. WRIT PETITION NO. 22731 OF 2005

M/s. Ram Asrey Lal Rajendra Kumar       -------------    Petitioner              

                   Versus.

State of U.P. & Ors.        -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

(By Hon'ble Dr. B.S. Chauhan, J.)

This writ petition has been filed for quashing the suspension order dated 24.2.2005 mainly on the ground that petitioner's licence of wholesale dealership should not have been cancelled by the Krishi Utpadan Samiti, Tilhar, District Shahjahanpur without giving opportunity of hearing to the petitioner-dealer.

The facts and circumstances giving rise to this case are that petitioner is a licence holder as a wholesale dealer in the aforesaid Samiti Tilhar. His licence has been put under suspension vide order dated 24.2.2005. Hence this petition.

Shri Ramendra Asthana, learned counsel appearing for the petitioner has vehemently submitted that suspension order has been passed in flagrant violation of the statutory provisions, which provide that before passing the order of suspension, the dealer is to be given a show cause notice, and only after according him the opportunity of hearing, the licence can be put under suspension. He has placed very heavy reliance on the judgments of this Court in Jindal Traders Vs. District Magistrate, Balrampur & Anr., (2001) 1 AWC 271; and Ganesha Vs. District Magistrate & Anr., (2001) 1 EFR 517, wherein it has been held that if statutory provisions provide for giving an opportunity of hearing before passing an order of suspension and such an opportunity is not given, the order of suspension stands vitiated for non-compliance of the statutory requirement, and the authority has to act in a manner prescribed in the statute and not otherwise.

There is no dispute to the settled legal propositions that statutory provisions require to be given strict adherence and authority is bound to act in the manner prescribed under the statute.

When the statute provides for a particular  procedure,  the  authority has to follow the same and cannot be permitted to act in contravention of the same. It has been hitherto uncontroverted legal position that where a statute requires to do a certain thing in a certain way, the thing  must be done in  that way or not at all. Other methods or mode of performance are impliedly and  necessarily forbidden.(Vide Taylor Vs. Taylor, (1876) 1 Ch.D.426; Nazir Ahmad Vs. King  Emperor, AIR  1936 PC 253;  Deep Chand Vs. State of Rajasthan, AIR 1961 SC 1527;  Patna Improvement Trust Vs. Shrimati  Lakshmi Devi & Ors., AIR 1963 SC  1077; State of Uttar Pradesh Vs. Singhara Singh & Ors.,  AIR 1964  SC 358;  Nika Ram Vs.  The State of Himachal Pradesh, AIR 1972 SC 2077;  Ramchandra Keshav Adke (Dead) by LRs. Vs.  Govind  Joti Chavare & Ors., AIR 1975 SC 915; Chettiam  Veettil  Ammad  & anr.Vs.  Taluk Land  Board  & Ors., AIR  1979  SC  1573; State  of  Bihar  & anr. Vs. J.A.C.  Saldanna & Ors.,  AIR  1980 SC 326, A.K. Roy  &  Anr.  Vs.  State of Punjab & Ors, (1986) 4 SCC 326; State of  Mizoram  Vs.  Biakchhawna, (1995) 1  SCC 156;  J.N. Ganatra  Vs.  Morvi Municipality  Morvi, AIR 1996  SC  2520; and Babu Verghese & Ors. Vs. Bar Council of  Kerala & Ors., AIR 1999 SC 1281).

The  aforesaid settled legal  proposition is based  on a legal maxim " Expressio unius  est exclusio  alterius",  meaning thereby that  if  a statute provides  for  a  thing to be done in  a particular manner, then it has to be done in that manner and in no other manner and following other course is not permissible.   This maxim has consistently  been followed,  as  is  evident from  the  cases referred  to  above.   A similar  view  has  been reiterated  in  Chandra Kishore Jha Vs.   Mahavir Prasad &  Ors., (1999) 8 SCC 266;  Haresh Dayaram Thakur Vs.  State of Maharashtra & Ors., AIR 2000 SC 2281;  Delhi Administration Vs.  Gurdip Singh Uban & Ors., (2000) 7 SCC 296; Dhanajaya Reddy  Vs. State of  Karnataka, AIR 2001 SC 1512; Commissioner of Income Tax, Mumbai Vs.  Anjum  M.H.  Ghaswala & Ors., (2002) 1 SCC 633; Prabha Shankar Dubey Vs. State of Madhya Pradesh, AIR 2004 SC 486; and Ram Phal Kundu Vs. Kamal Sharma, AIR 2004 SC 1657.

Similarly, in K. Kuppuswamy & Anr. Vs. State of Tamil Nadu & Ors., (1998) 8 SCC 469, the Apex Court held that the statutory rules cannot be over-ridden by executive orders or executive practice.

However, the cases relied upon by Shri Asthana are under the provisions of the U.P. Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1989, wherein Clause 8 thereof provided that authority can pass the order of suspension or cancellation of a licence in case of contravention of the conditions of licence, but no such order shall be made without giving a reasonable opportunity of "stating his case against the proposed cancellation or suspension, as the case may be".

In the instant case, the relevant provision is Section 17 (ii) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964, which reads as under:-

"17. Powers of Committee- A committee shall, for the purposes of this Act, have the power to:-

(i)issue or renew licneces under this Act on such terms and conditions and subject to such restrictions as may be prescribed, or, after recording reasons therefor refuse issue or renew any such licence;

(ii)suspend or cancel licences issued or renewed under this Act.

Provided that before cancelling a licence except on the ground of conduct which has led to the conviction of the licences under Section 37, the committee shall afford reasonable opportunity to him to show cause against the action proposed.

..................................."

It is evident from the aforesaid provisions that the proviso to Clause (ii) of Section 17 of the Act 1961 mandatorily requires the opportunity of hearing only in case of cancellation of the licence, and it is not provided for such requirement in case of suspension, therefore, the judgments relied upon by Shri Asthana have no application.

Unfortunately, in the facts of this case there has been some misunderstanding on the part of the petitioner as well as the learned counsel and there appears to be some confusion in their mind between 'suspension' and 'cancellation'. In the List of dates as well as in the body of the petition, it has categorically been mentioned that the petitioner's licence has been cancelled without giving any opportunity of hearing. However at some places, particularly in paragraph 13, it has been mentioned that vide impugned order dated 24.2.2005, the licence has been put under suspension. In the prayer clause the relief has been claimed for quashing the suspension order.

As the Act does not provide for any opportunity of hearing before passing the suspension order, we do not find any force in the petition. It is accordingly dismissed. However, we direct the respondent authority to conclude the inquiry expeditiously.

24.3.2005

AKSI


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