1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2487 OF 2009 Rajaram Karbhari Ghuge ... Petitioner v/s The District Supply Officer, Nashik & ors. ... Respondents Mr.M.S.Karnik for the pettioner. Ms.S.S.Bhende, A.G.P. for the State. CORAM: SMT.NISHITA MHATRE, J. DATED: 16TH JUNE, 2009 P.C.: 1. The petitioner challenges the order passed by the respondent No.1 which was confirmed in appeal by the respondent No.2 and in the revision application by the respondent No.3. By these orders, the licence to run the fair price shop which was issued in favour of the petitioner has been cancelled. 2. The petitioner was issued a show cause notice in 2 respect of the shop on 23.2.2007. It is the case of the petitioner that no hearing was given by the authority before cancellation of his licence by the impugned order dated 5.4.2007. A perusal of the order dated 5.4.2007 indicates that the grounds on which licence has been cancelled are completely different from the grounds mentioned in the show cause notice to the petitioner. Obviously, therefore, in my opinion, such an order cannot be sustained and will have to be set aside. 3. The petitioner in his appeal filed before the respondent No.2 had raised both the aforesaid grounds including several others. However, the appellate authority has not considered these grounds raised by the petitioner and has confirmed the order passed by the respondent No.1. Similarly, the respondent No.3, while deciding the revision application has not considered the allegations made in the show cause notice against the petitioner while considering whether the District Supply Officer had passed an order correctly. 4. In these circumstances, the impugned orders are set aside. 3 5. The fair price shop has already been allotted to some other person. The learned A.G.P. states that the Government will issue a fresh show cause notice to the petitioner within a period of four weeks from the date of receipt of this order and will afford a hearing to the petitioner. 6. This statement of the learned A.G.P. is accepted. The District Supply Officer will hear both, the complainant as well the petitioner before passing any order on the show cause notice which may be issued to the petitioner. 7. The writ petitin is disposed of accordingly. ..... 4