1 wp 7675.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7675 OF 2009 Ramrao S/o Shamrao Kadam, Age : 60 Years, Occu. : Agril., R/o Vanjarwadi, Tq. Naigaon, District Nanded. .. .. Petitioner Versus 1. The Tahsildar, Naigaon, Tq. Naigaon, Dist. Nanded. 2. The District Supply Officer, Nanded. 3. The Additional Collector, Nanded. 4. Deputy Commissioner (Supply), Aurangabad Division, Aurangabad. 5. The Hon'ble Minister, Food Grain Civil Supply and Consumer Protection Department, Mantralaya, Mumbai. 6. The State of Maharashtra, Through its Secretary, Food Grain Civil Supply and Consumer Protection Department, Mantralaya, Mumbai. 2 wp 7675.09 7. Laxman S/o Bhagoji Kondewad, Age : 32 Years, Occu. : Agril., R/o Vanjarwadi, Tq. Naigaon, Dist. Nanded. .. .. Respondents (The Respondent No. 7 is deleted by the petitioner.) Shri A. N. Nagargoje Advocate for the Petitioner. Shri K. B. Choudhari, A.G.P. for the Respondent/State. CORAM : S. V. GANGAPURWALA, J. DATE : 14TH JULY, 2011. ORAL JUDGMENT : . Mr. Nagargoje, the learned counsel for the petitioner has filed a note that he may be allowed to delete the respondent No. 7. The respondent No. 7 stands deleted at the risk of the petitioner. 2 Rule. Rule returnable forthwith. With the consent of parties taken up for final hearing. 3. The petitioner is granted a fair price shop and is running the same. A complaint was filed against the petitioner. The license of the petitioner for running fair price shop came to be 3 wp 7675.09 cancelled. The revision filed by the petitioner was also dismissed. Thereafter, the petitioner filed revision before the Hon'ble Minister, who restored the fair price shop on certain conditions. Thereafter, the Additional District Collector passed an order directing to recover an amount of Rs. 3,41,348/- on account of excess quota lifted by the petitioner. The same is assailed by the petitioner in the present writ petition. 4. Shri Nagargoje, the learned counsel for the petitioner submits that the said order has been passed by the Additional District Collector without giving any opportunity of hearing to the petitioner. No notice was also given about the same. Only on the basis of objection of the auditor, the said amount has been calculated and arrived at. The said order is passed in violation of the principles of natural justice. Shri Nagargoje, the learned counsel also assails the said order on various other counts. 5. Shri Choudhari, the learned Assistant Government Pleader submits that the authorities have taken a liberal approach and have valued misappropriated amount at lessor rate and not as per the rate awarded by the Hon'ble Minister while disposing off the revision. The petitioner cannot be given any 4 wp 7675.09 opportunity of hearing before assessing the actual loss caused to the State. 6. Shri Nagargoje, the learned counsel also contends that the order of the State restoring the license on certain conditions is also set aside by this High Court in Writ Petition No. 6447/2009 and the matter is remitted back to the Hon'ble Minister for considering afresh. 7. When the fiscal liability is being levied on a person, the basic principles of natural justice have to be followed. When the petitioner was to be made liable for payment of an amount on the ground of lifting of excess quota, the petitioner should have been heard and the explanation of the petitioner should have been called, the same is a minimum requirement of the cardinal principle of natural justice. In the present case, the same has not been followed. Even the affidavit in reply filed does not depict any opportunity having been given to the petitioner before the Additional District Collector has passed the said order fastening the petitioner with the liability of payment of an amount of Rs. 3,41,348/-. 5 wp 7675.09 8. In the result, the impugned order is quashed and set aside. The Additional District Collector, Nanded after giving an opportunity of hearing to the petitioner shall decide the liability if any afresh. The Rule is made absolute with the aforesaid directions and observations. No costs. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/July 11