WP(C) 3093/2005 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. S.K. Muktar, learned counsel for the petitioner and Mr. Handiq ue, learned State counsel appearing for the respondents. As agreed to by the learned counsel for the parties, the writ petition i s taken up for disposal at the order stage itself. The petitioner, who has been granted with the licence under the provisio ns of Assam Public Distribution of Articles Order, 1982, by the present petition has challenged the order dated 17.01.2005 passed by the Deputy Director In-Char ge, Food and Civil Supplies, Nalbari, whereby and whereunder the licence granted to the petitioner has been cancelled pursuant to the inquiry report dated 29.12 .2004 submitted by the Circle Officer, Barkhetri Revenue Circle, Mukalmua. The ground of challenge to the said order is that the inquiry purportedl y conducted by the Circle Officer, Barkhetri Revenue Circle was not conducted wi th due notice to the petitioner, as such the Deputy Director In-Charge ought not to have cancelled the licence issued in favour of the petitioner, on the basis of the report submitted by the Circle Officer on 29.12.2004. It is also the cont ention of the petitioner that the Deputy Director even did not give any opportun ity of hearing to him before passing the impugned order dated 17.01.2005. Though the writ petition is pending almost for a period of last 6(six) y ears, no affidavit has been filed by any of the respondents and hence the averme nts made in the writ petition are to be accepted as correct. No records have als o been produced. As noticed above, the petitioner claims that the Circle Officer in the i nquiry conducted by him, did not give any opportunity to the petitioner to parti cipate in the proceeding as no notice was issued. The Deputy Director In-Charge also did not offer any opportunity of showing cause before passing the order dat ed 17.01.2005. Since by the said order the petitioner’s licence has been cancell ed, which is the source of livelihood, the impugned order passed on 17.01.2005 w ithout giving any opportunity of hearing, is not sustainable in law being passed in violation of the principle of natural justice. Hence the impugned order dated 17.01.2005 passed by the Deputy Director In-Charge, Food and Civil Supplied, Nalbari is set aside. It would, however, not preclude the licencing authority from initiating the proceeding against the pet itioner as per law, if so advised. The writ petition is accordingly disposed of to the extent as indicated above. No costs.