AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 326 wordsPankaj Purohit, J
By means of this writ petition, the petitioner has sought indulgence of this Court for issuance of a writ of certiorari to call for record and to quash the order dated 01.11.2023 passed by respondent no.2 whereby on the orders of District Magistrtate, Nainital dated 05.10.2023, registration of two motor vehicles i.e., Nos.LD5774 and U.P. 65-H.3077 have been cancelled.
It is submitted by learned counsel for the petitioner that cancellation of registration of the trucks of the petitioner has been done on the dictates of District Magistrate, Nainital dated 05.10.2023 and that too without giving any opportunity of hearing to the petitioner and without issuing any show cause notice to him.
Learned counsel for the petitioner further submits that the cancellation of registration certificate of the motor vehicles of the petitioner referred hereinabove have civil and financial consequences, therefore the said exercise of power at the hands of respondent is colourable exercise and that cannot be permitted to be done.
Per contra, learned counsel for the respondent categorically admitted that before passing the order impugned in the present writ petition, no opportunity of hearing was afforded to the petitioner and it is done by respondent no.2, after a meeting held in Jan Sunvai before the Commissioner, Kumaun Mandal on 05.10.2023
Learned State counsel further submits that an FIR is lodged against the petitioner and the trial is also going on.
This Court finds substance in the submission made by learned counsel for the petitioner that such an action cannot be taken by the respondent-Authority without giving any opportunity of hearing to the petitioner.
In this view of the matter, the writ petition is allowed. Impugned orders dated 01.11.2023 (annexure no.8) and 05.10.2023 (annexure no.9), passed by respondent qua the petitioner are hereby set aside. However a liberty is given to the respondents to proceed against the petitioner, after giving him opportunity of hearing as per law.