R.R.K.Trivedi - (1.) LEARNED standing counsel has accepted notice for respondent Nos. 1 to 3. Both the learned counsel agreed that this writ petitioner may be decided finally at this stage.
(2.) THE facts giving rise to this writ petition are that the petitioner was allotted fair price shop in the year 1990. On complaint, the quota with regard to the fair price shop was attached by respondent No. 3, Deputy Collector, Maharajganj with the shop of respondent No. 6 vide order dated 26.9.1995. Aggrieved by this order, the petitioner filed appeal before the Commissioner, Gorakhpur Division, Gorakhpur. THE appeal has been dismissed by order dated 28.11.1995, aggrieved by which this petition has been filed. Learned counsel for the petitioner has contended that the order dated 26.9.1995 attaching the agreement in favour of the petitioner was passed without giving him any opportunity of hearing. The order was violative of principles of natural justice. This contention was raised before respondent No. 2, appellate authority, but the submission has been rejected on the misconception that no such opportunity was required to be given as the petitioner while executing agreement for being appointed as fair price shop dealer agreed to the condition that his appointment may be cancelled without any notice and opportunity of hearing. Against the same order passed by respondent No. 2, this court has allowed Writ Petition No. 35496 of 1995 on 7.12.1995. For the reasons given in the aforesaid judgment, with which I am in respectful agreement, this petition also deserves to be allowed. By order dated 7.12.1995, the case has been remanded to the appellate authority for deciding the appeal afresh. However, since the fact that the petitioner was not given any opportunity of hearing is not disputed in this court nor was it disputed before the appellate authority, in my opinion, the matter should be remitted to respondent No. 3 for passing a fresh order after giving an opportunity of hearing to the petitioner.
(3.) FOR the reasons stated above, this petition is allowed. Orders dated 26.9.1995, passed by respondent No. 3 and order dated 28.11.1995, passed by respondent No. 2 are quashed. Respondent No. 3 shall pass a fresh order after giving opportunity of hearing to the petitioner within a period of three months from the date a copy of this order is filed before him. A certified copy of this order may be given to the learned counsel for the petitioner on payment of usual charges within three days.;