B.S.Chauhan, J. - (1.) This writ petition has been filed for quashing the suspension order dated 24.2.2005 mainly on the ground that petitioner's licence of wholesale dealership should not have been cancelled by the Krishi Utpadan Mandi Samiti, Tilhar, District Shahjahanpur without giving opportunity of hearing to the petitioner-dealer.
(2.) The facts and circumstances giving rise to this case are that petitioner is a licence holder as a wholesale dealer in the aforesaid Samiti Tilhar. His licence has been put under suspension vide order dated 24.2.2005. Hence, this petition.
(3.) Shri Ramendra Asthana, learned Counsel appearing for the petitioner has vehemently submitted that suspension order has been passed in flagrant violation of the statutory provisions, which provide that before passing the order of suspension, the dealer is to be given a show cause notice, and only after according him the opportunity of hearing, the licence can be put under suspension. He has placed very heavy reliance on the judgments of this Court in Jindal Traders v. District Magistrate, Balrampur and Anr., (2001) 1 AWC 271 ; and Ganesha , v. District-Magistrate and Anr., (2001) 1 EFR 517, wherein it has been held that if statutory provisions provide for giving an opportunity of hearing before passing an order of suspension and such an opportunity is not given, the order of suspension stands vitiated for non-compliance of the statutory requirement, and the authority has to act in a manner prescribed in the statute and not otherwise.;