MAHABIR PRASAD SANTOSH KUMAR Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1970-4-51
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on April 02,1970

MAHABIR PRASAD SANTOSH KUMAR Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Shah, J. - (1.) The appellants held a licence under the U. P. Sugar Dealers' Licensing Order, 1962, to deal in sugar as wholesale distributors. They also held a licence under the U. P. Foodgrains Dealers' Licensing Order, 1964. By letter dated June 5, 1967 the appellants were called upon to explain certain irregularities detected on inspection of their shop by the Assistant Commissioner of Food and Civil Supplies on April 24, 1967. On the following day the appellants were directed to hand over all their stocks of sugar and flour to the Bindki Co-operative Marketing Society. Representations against the order directing the appellants to deliver their stocks made to the District Magistrate, Fatehpur, were not even attended to, and the appellants were obliged to surrender their stocks of sugar and flour. By letter dated June 28, 1967 the appellants were informed that the District Magistrate, Fatehpur, had cancelled their licences as dealers in sugar and flour. The appellants applied for a copy for the order, but it was not supplied.
(2.) Against the order of the District Magistrate, the appellants submitted an appeal under Clause 8 of the Sugar Dealers' Licensing Order, 1962, on July 19, 1967. By letter dated January 11, 1969, the Deputy Secretary to the Government of U. P. Food and Rationing Department, intimated the appellants that their appeal against the cancellation of the licence by the District Magistrate was rejected. The reasons for the order passed by the State Government were also not communicated to the appellants.
(3.) The appellants then moved a petition in the High Court of Allahabad for a writ quashing the orders of the District Magistrate and the State Government in appeal. The petition was rejected by a Division Bench of the High Court. With special leave, the appellants have appealed to this Court.;


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