Debangsu Basak, J. - (1.) The petitioner assails an order of termination of Fair Price Shop licence dated November 3, 2016.
(2.) Learned advocate appearing for the petitioner submits that, the impugned order is vitiated by breach of principles of natural justice. He draws the attention of the Court to the show-cause notice dated September 5, 2016. He submits that, the petitioner approached the writ court against such show-cause notice. Such writ petition is pending. During the pendency of the writ petition, without affording a reasonable opportunity of hearing, the authorities proceed to terminate the licence. He relies upon Regulation 24 (ii) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 and submits that, notwithstanding the licence-holder not giving a reply to the show-cause notice, the adjudicating authority is obliged to afford the licence-holder one opportunity of hearing.
(3.) He draws the attention of the Court to the report submitted on behalf of the respondent authorities and submits that, the allegation of no opportunity of hearing being granted is admitted by the authorities in the sense that, they have not denied the same. Consequently, he submits that, the impugned order should be set aside.;