1 wp1699-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1699 OF 2011 M/s.Subhash Agencies & Anr ..Petitioners versus Agricultural Development Officer, Zilla Parishad Nashik & Ors ..Respondents Mr.P.S.Dalvi with Mr.Vaibhav A. Sugdare for the petitioners. Ms.Anamika Malhotra for respondent No.1. Mr.A.I.Patel, A.G.P for respondent Nos.2 and 3. CORAM : S.C.DHARMADHIKARI, J. 22nd July 2011. P.C.: . The petitioner is aggrieved by an order passed by the Appellate Authority, a copy of which is at pages 57 and 58 of the petition paper-book. This order is delivered on 3rd/9th December 2010. 2 The grievance of Mr.Dani appearing in support of this petition is that the Appellate Authority has not at all 2 wp1699-11.doc considered the grievance of the petitioner that before the licence was suspended, no hearing was given by licensing authority. Thereafter, when it was terminated/cancelled permanently on that occasion as well no hearing was given. Thus, both orders are without any show cause notice or personal hearing to the petitioner. This ground was specifically raised in the memo of appeal, but, the Appellate Authority without adverting to the same has proceeded to confirm the orders impugned before him on merits. 3 Mr.Dani submits that even on merits there are no reasons assigned as to why the termination and prior thereto the suspension is justified and what is the nature of the violation and breach of the control order and whether cancellation is warranted merely because some criminal case is pending. 4 Upon a perusal of the orders of suspension as also of termination/cancellation of the appellate authority, I am 3 wp1699-11.doc satisfied that the Appellate Authority has not treated the proceedings with the necessary and required seriousness and gravity. The issue was cancellation of the petitioner’s licence. The order has civil consequences. It is an admitted fact that such an order has to be made after an opportunity is given to the party. In the instant circumstances, without expressing any opinion on this aspect and finding that the Appellate Authority has not dealt with it, so also the other cause shown by the petitioner on merits, interest of justice would be served if the impugned order is quashed and set aside and the appeal is restored to the file of the Appellate Authority for being dealt with afresh. The said appeal will be now decided by the Appellate Authority after giving proper and adequate opportunity of being heard to the petitioner and without being influenced in any manner by the observations made in the earlier order. The appeal be disposed off within a period of six weeks from the date of appearance of the parties. (S.C.DHARMADHIKARI, J)