SCA/288920/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 2889 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SANGITABEN DALICHAND CHAVALA - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR BS BRAHMBHATT for Petitioner(s) : 1, MR LR PUJARI, AGP for Respondent(s) : 1 & 2, MR HR PRAJAPATI for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 21/07/2008 ORAL JUDGMENT 1. Rule. Mr.Pujari, learned AGP waives notice for SCA/288920/2008 2/4 JUDGMENT respondent Nos. 1 & 2 and Mr.Prajapati for respondent No.3. 2. With the consent of the learned advocates appearing for both the sides, the matter is finally heard. 3. The short facts of the case appears to be that the advertisement was given for grant of authorisation for fair price shop. The petitioner together with the other persons submitted the application. The District Collector, Surat, ultimately had passed the order dated 15.05.2005, whereby the authorisation was granted to the petitioner. It appears that thereafter, pursuant to the order passed by the Collector on 25.07.2005, the Mamlatdar passed the order issuing authorisation and other consequential orders. The respondent No.3 being aggrieved by the decision of the Collector, preferred Appeal No.72/07 before the State Government. Thereafter, the State Government heard the matter and passed the order on 06.02.2008, whereby the appeal is allowed and the order for grant of authorisation in favour of the petitioner by the District Collector is set aside and it is also ordered that the appellant be granted authorisation. It is under these circumstances, the petitioner has approached to this Court by way of the present petition. SCA/288920/2008 3/4 JUDGMENT 4. Heard Mr.Brahmbhatt for the petitioner, Mr.Pujari, learned AGP for respondents Nos. 1 & 2 and Mr.Prajapati for respondent No.3. 5. Upon hearing the learned counsel appearing for both the sides, it appears that the principal contention of the petitioner is that without giving any opportunity of hearing, the State Government has exercised the appellate power and has allowed the appeal. Neither Mr.Prajapati, nor the learned AGP are in a position to show that any hearing was given to the petitioner or that the petitioner had remained present and thereafter, on the date of hearing, the opportunity was not availed of. 6. Under these circumstances, the only conclusion can be recorded is that the State Government has exercised the power without giving any opportunity of hearing. The petitioner was the person in whose favour the authorisation was granted and without giving opportunity of hearing to the petitioner, the State Government could not exercise the quasi judicial power. Therefore, such an exercise of the power is breach of the principles of natural justice and cannot be sustained in the eye of law. 7. In the result, the impugned order passed by the State Government dated 06.02.2008 is quashed and set aside with the further direction that the appeal shall stand restored to the file of the SCA/288920/2008 4/4 JUDGMENT State Government. The State Government shall give the opportunity of hearing to both the sides and shall pass a fresh order in accordance with law as early as possible preferably within a period of three months from the receipt of the order of this Court. 8. Petition is allowed to the aforesaid extent. Rule made absolute accordingly. No order as to costs. D.S. (JAYANT PATEL, J.) *bjoy