Case Note & Summary
The petitioner, Mahathma Gandhiji Grama Hitha Mandali, a society represented by its Chairman Gundappa Gouda, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging Notification No. AHARA/FPS.5:CR 173/2021-22 dated 29.09.2022 issued by the 3rd respondent (Deputy Director for Food and Civil Supply, Vijayapura District). The notification cancelled the petitioner's authorization to run a fair price shop under the Karnataka Essential Commodities Act PDS (Control) Order, 2016. The petitioner contended that the notification was arbitrary and violative of Article 14 as it was issued without any prior notice or opportunity of hearing. The respondents, including the State of Karnataka and the Deputy Commissioner, were represented by the Additional Government Advocate, while the 4th respondent (Shree Amba Bhavani Mahila Swa Sahaya Sangh) was represented by counsel. The court, after hearing the parties, found that the impugned notification was indeed issued without affording any opportunity of hearing to the petitioner, which is a fundamental requirement of natural justice. The court held that any administrative action that adversely affects a person's rights must comply with the principles of natural justice, and failure to do so renders the action arbitrary and violative of Article 14. Consequently, the court quashed the notification and directed the respondents to restore the petitioner's authorization. The court also ordered that the matter be reconsidered after giving the petitioner a reasonable opportunity of being heard.
Headnote
A) Constitutional Law - Right to Equality - Article 14 - Arbitrariness - Cancellation of fair price shop authorization without affording opportunity of hearing is arbitrary and violative of Article 14 - Held that any administrative action affecting rights must comply with principles of natural justice (Paras 1-3).
Issue of Consideration
Whether the impugned notification dated 29.09.2022 cancelling the petitioner's authorization under the Karnataka Essential Commodities Act PDS (Control) Order, 2016 is arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
The court allowed the writ petition, quashed the impugned notification dated 29.09.2022, and directed the respondents to restore the petitioner's authorization. The matter was remitted for reconsideration after affording the petitioner a reasonable opportunity of being heard.
Law Points
- Natural justice
- Right to be heard
- Arbitrariness
- Article 14
- Essential Commodities Act
- PDS (Control) Order
- 2016
