12-wp-5695-11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 5695 OF 2011 Smt. Bhagvatiben Devji Prajapati ..Petitioner Vs. State of Maharashtra and Ors. ..Respondents Shri. M.V.Aiya Advocate for petitioner Mrs. M.S.Bane AGP for respondent nos.1 and 2 CORAM : S.C.DHARMADHIKARI, J. DATE : 26th JULY, 2011. P.C.: 1. The petitioner is aggrieved and dissatisfied with the order passed on 7th July, 2011 by the Deputy Controller Rationing G Region, Kandivali, Mumbai. By this order, the petitioner’s licence/permission in respect of fair price shop has been cancelled. 2. The grievance of the petitioner is that she is a lady and show cause notice dated 30th June, 2011 was served on her by the 2nd respondent. That notice directed that she should appear before him on 5th July, 2011 at 11 a.m. However, her husband appeared on the relevant date and time and pointed out that she was out of town and therefore, some reasonable time be given so that she appears and shows 1 12-wp-5695-11.doc cause against the proposed cancellation. That request was rejected and the petitioner has been served with an order cancelling her fair price shop licence. 3. The order is thus ex-parte and relies upon materials which have been collected and based on which the show cause notice has been issued. Since the show cause notice proposed cancellation of the petitioner’s fair price shop licence, it was expected that the authority gives her a reasonable opportunity to show cause against the proposed action. Even a personal hearing was warranted in the peculiar facts of this case. The request of the petitioner for adjournment on personal ground was reasonable and should have been granted. However, the authority proceeded to pass the impugned order, thus, violating the principles of natural justice. 4. For the aforesaid reasons, the writ petition succeeds. The impugned order is quashed and set aside. The petitioner will now appear before the authority on 4th August, 2011 at 11 a.m. The authority shall allow the petitioner to inspect the record and seek copies of such documents as she may wish and desire. The respondent no.2 then to give personal hearing to the petitioner and pass a reasoned order afresh without being influenced by any of the earlier conclusions 2 12-wp-5695-11.doc and findings. The 2nd respondent should pass the necessary orders within a period of six weeks from the date of the appearance of the petitioner. [ S.C. DHARMADHIKARI, J. ] 3