IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 799 OF 2009 (MS) Suleman ............Petitioner. Versus Commissioner Garhwal Mandal, Garhwal & Others ........Respondents. Mr. Lok Pal Singh, Advocate for petitioner. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State of Uttarakhand/respondents. 17th June, 2009 Hon’ble Sudhanshu Dhulia, J. Heard the parties at length. The petitioner has a Fair Price Shop, his licence has been suspended vide order dated 20.04.09 by the SDM(Laksar), District Haridwar and the ration card holder pertaining to the petitioner’s shop were attached to the shop of Sh. Rakesh Kumar of Village- Akodakhurdh, Tehsil Laskar, District Haridwar. This order of SDM(Laksar) has been challenged by the petitioner before the Commissioner who is an Appellate Authority. The Commissioner vide order dated 28th April, 2009 has stayed operation of the order dated 20th April, 2009. Now the petitioner contends that the Commissioner on a complaint moved by Sh. Rakesh Kumar, who is now impleaded as respondent No. 3, the interim order dated 20.04.2009 has been amended and it has been ordered that the card holders who were attached to the shop of the petitioner shall continued to be attached to the shop of Sh. Rakesh Kumar Village Akodakhurdh. While granting order dated 28/4/9 the next date fixed in the case was 26.05.2009. However, even prior to 26th May, 2009 on 18th May, 2009 the impugned order has been passed without giving an opportunity of hearing to the petitioner. On perusal of records, it is indeed a case where the impugned order has been passed without giving an opportunity of hearing to the petitioner and since such an order would be in violation of the principles of natural justice and fair-play, this order is liable to be set aside and is therefore quashed. All the same, in the interest of justice it is directed that the Commissioner may pass further or suitable order after complying with principles of natural justice and fair-play and after giving opportunity to the petitioner. Meanwhile, it is also directed that the SDM(Laksar) before whom the matter is actually pending will take a final decision in the matter and pass orders as expeditiously as possible. With the aforesaid directions this writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 17.6.2009 Ravi