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TMI Blog1975 (9) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... h the District Magistrate took into account in revoking the appellant's licence were the same as those which were before the Village Panchayat when it decided to grant the licence. The revising authority is entitled on the same material to take a view different from that of the authority whose order is revised. The order passed by the District Magistrate post-haste immediately he received the appellants reply without either giving him the copies asked for or at least telling him that the material already furnished was sufficient to enable him to make his representation and if he had ally further representation to make he could do so offends the principles of natural justice. We are aware that we are dealing with an appeal questioning the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ildar, and the Revenue Divisional officer also reported against the grant of licence. On 21st January 1975 the Additional District Magistrate issued a notice to the appellant to show cause why the licence issued to him should not be cancelled. The appellant had in the meanwhile put up semi-permanent structures as required under the terms of the licence which even according to the Executive Engineer, Zila Parishad, Nellore should have cost him Rs. 27,000/-. He commenced his business on 22nd January 1975 and the show cause notice issued by the District Magistrate reached him on the 25th. He sent a reply on the 27th and on the 28th the licence was cancelled. The appellant's writ petition questioning the cancellation was dismissed by a Sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purposes of public resort or entertainment than that for which the licence was granted; and (c) that the place or building can no longer be safely used for the purpose for which the licence was granted. Undoubtedly none of the reasons applied in this case. Under section 7 if the authority is satisfied (a) that the enclosed place or building may safely be used for the purpose of public resort or entertainment proposed; (b) that no objection, arising from its situation, ownership, or the purpose proposed, exists, he shall grant to the applicant a written licence. The only ground in this section applicable to the present case would be 'the purpose proposed'. The argument before us was that the power of the District Magistrate to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s right in contending that the principles of natural justice should have been followed before that order was passed. It is now well established by decisions of this Court that such is the requirement of law even where the statute in question itself does not so provide. It is also well established that the principles of natural justice do not necessarily conform to a fixed formula, nor is it a procrustean bed into which all proceedings must be fitted. The principles of natural justice will always depend upon the facts of each case. The learned Judges of the High Court examined the various documents the copies of which had been asked for by the appellant and came to the conclusion that the show cause notice issued to him contained a summary o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copies asked for or at least telling him that the material already furnished was sufficient to enable him to make his representation and if he had ally further representation to make he could do so offends the principles of natural justice. We are aware that we are dealing with an appeal questioning the proceedings initiated under Article 226 of the Constitution where the power of the court is a limited one, that is to say, limited to cases where there is any error of law apparent on the face of the record. But the observance of the principles of natural justice is fundamental to the discharge of any quasi-judicial function. We therefore allow the appeal and set aside the order of the District Magistrate. There will be no order as to costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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