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Judgment
S.K. Gangele, J.—All the three writ petitions have been filed by the petitioners in regard to cancellation of their licences granted earlier as weighmen. Because the question involved for determination in all the three writ petitions is same, hence, with the consent of the parties, they are heard together finally and are being disposed of by this common order. The petitioners pleaded that they were granted licences of weighmen (Tulavat). Photocopies of licences granted to the petitioners have been filed as Annexure P-5 to Annexure P-8 in Writ Petition No. 5524/2011. Same licence has been granted to petitioner Mujjaffar Ali, photocopy of which has been filed as Annexure P-2 in Writ Petition No. 6388/2011. Same licences have been granted to the petitioners, photocopies of which have been filed as Annexure P-15 to Annexure P-30 in Writ Petition No. 7720/2011. The aforesaid licences of the petitioners have been cancelled by the Secretary, Madhya Pradesh Kishi Upaj Mandi Samiti vide order dated 04-08-2011 on the ground that Mandi Samiti had not sanctioned the licences granted earlier to the petitioners.
It is an admitted fact that before cancellation of licences of the petitioners, no opportunity of hearing was provided to them.
The question for consideration before this Court is that whether the licence could be cancelled without giving opportunity of hearing to the petitioners.
The petitioners pleaded in all the writ petitions that they applied for grant of licences and after considering their case on merits, the Mandi Samiti sanctioned applications of the petitioners for grant of licence. Thereafter, licences were issued to them and they were working in accordance with the licences. In the order of grant of licences, one of which is Annexure P/5 filed in WP No. 5524/2011, it is mentioned that Mandi Samiti in its meeting held on 31st August, 2010 accepted the application of the petitioners for grant of licence vide resolution No. 08. Consequently, the licence was granted to the petitioner in accordance with Section 31 of the M.P. Krishi Upaj Mandi Adhiniyam, 1972 [hereinafter referred to as "the Adhiniyam of 1972"]. Thereafter, the petitioner submitted application that he had been performing the work. The aforesaid licence was cancelled vide order 04-8-2011 on the ground that the application was not accepted by the Mandi Samiti.
Chapter VI of the Adhiniyam of 1972 prescribes regulation of trading.
Section 31 prescribes that no person shall, in respect of any notified agricultural produce, operate in the market area as weighman without getting licence in accordance with the provisions of this Act and the rules made thereunder.
Section 32 prescribes power to grant licences. The power has been given to the Marketing Committee to grant licenses under the aforesaid Section after receiving an application for grant of licence.
Section 33 prescribes power to cancel or suspend the licence.
Section 33(4) prescribes that no licence shall be suspended or cancelled without giving an opportunity to show cause.
In the present case, licences were granted to the petitioners. That licenses were proper or not, it has to be determined by the authority after giving opportunity to show cause in accordance with statutory provisions u/s 33(4) of the Adhiniyam of 1972. It is also inconsonance of requirement rule of natural justice. Because the statutory provision has not been followed by the authority, hence, the order of cancellation of licences of the petitioners is contrary to law.
Consequently, all the writ petitions (Writ Petition No. 5524/2011, Writ Petition No. 6388/2011 and Writ Petition 7720/2011) are disposed of with the following directions:-
(I) That, the impugned orders dated 04-08-2011 in regard to cancellation of licences of the petitioners Annexure P-1 to Annexure P-4 in Writ Petition No. 5524/2011; Annexure P-1 in Writ Petition No. 6388/2011 and Annexure P-1 to Annexure P-15 in Writ Petition No. 7720/2011, are hereby quashed.
(II) It is hereby clarified that the respondent - Krishi Upaj Mandi Samiti is at liberty to take action if it required to be taken in the matter in accordance with provisions of the Adhiniyam of 1972.
No order as to costs.