1992 (3) TMI 362 - HC - Indian Laws

Summary

Issues Involved:
The issues involved in the judgment are the maintainability of the writ petition without exhausting the alternative remedy of appeal and the cancellation of a retail dealer's kerosene oil license without providing an opportunity for a hearing.

Maintainability of Writ Petition:
The petitioner, a retail dealer in kerosene oil, had his license cancelled by the licensing authority without being given an opportunity to be heard. The court acknowledged that the impugned order was appealable, but chose not to reject the petition on the ground of alternative remedy due to the petition being entertained and an interim order passed.

Cancellation of License without Hearing:
The petitioner contended in the writ petition that he was not afforded a hearing before the cancellation of his license. The court noted that the U. P. Kerosene Control Order, 1962, explicitly requires that a licensee must be given a reasonable opportunity to submit an explanation before cancellation. As no such opportunity was provided and the State did not file a counter-affidavit to refute this claim, the court allowed the writ petition and set aside the order of cancellation.

Conclusion:
The judgment allowed the petition, setting aside the cancellation of the license. It was emphasized that the order would not prevent the licensing authority from taking further action in accordance with the law.