- (1.) S. K. Sen, C. J. We have heard Sri L. P. Singh learned Advocate for the writ petitioner and Sri S. P. Kesharwani, learned Standing Counsel for the State respondents.
(2.) THE contention of the learned Counsel for the writ petitioner is that no opportunity of hearing was given to him before passing impugned order of cancellation of his licence in terms of Rule 20 (2) of the Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) Rules, 2001 (herein after referred to as the Rules ). Rule 20 (2) of the Rules reads as under : "20 (2) the Licensing Authority shall immediately suspend the licence and forfeit the security deposit on abovementioned grounds. THE Licensing Authority will also serve a show cause notice for cancellation of licence and the licensee shall submit his explanation within 7 days of the receipt of notice. THEreafter the Licensing Authority will pass suitable orders after giving due opportunity of hearing to the licensee, if he so desires". This contention of the writ petitioner cannot be disputed from the record available. No date was fixed for hearing of the writ petitioner. Sri S. P. Kesharwani, learned Standing Counsel submitted before us that the writ petitioner should have asked for opportunity of hearing and also time to reply the show cause notice. We feel that in view of the mandatory requirements of the Rules providing for opportunity of hearing the authority concerned should have given opportunity of hearing to the writ petitioner. In that view of the matter, the order passed in the instant case, being contrary to the Rules, cannot be said to, be valid and as such the same should be set aside. We accordingly set aside the impugned order dated 30th October, 2001 cancelling the licence of the petitioner, challenged in the instant case. We however, make it clear that this order shall not prevent the respondent authority to proceed with the matter on the basis of the show cause notice in accordance with law and to pass a fresh order after giving opportunity of hearing to the writ petitioner. With the above observations the writ petition stands allowed. Petition allowed. .;