w w w . L a w y e r S e r v i c e s . i n



M/s. Roop Ram Khayali Ram & Sons & Another v/s State of U.P. & Others


Company & Directors' Information:- B SONS (INDIA) PRIVATE LIMITED [Active] CIN = U22110DL1997PTC090730

Company & Directors' Information:- F SONS PRIVATE LTD [Strike Off] CIN = U51900WB1982PTC035114

Company & Directors' Information:- RAM SONS PVT LTD [Strike Off] CIN = U74899DL1980PTC010529

Company & Directors' Information:- R K SONS PRIVATE LIMITED [Strike Off] CIN = U99999DL1951PTC001975

    Civil Misc. Writ Petition No. 45366 of 2013

    Decided On, 24 February 2014

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE VIVEK KUMAR BIRLA & THE HONOURABLE MR. JUSTICE AMRESHWAR PRATAP SAHI

    For the Appellants: Salil Kumar Rai, Advocate. For the Respondents: A.K. Gaur, Satish Mandhyan, Advocates.



Judgment Text

1. Heard Sri Salil Kumar Rai, learned counsel for the petitioners and Sri A.K. Gaur, learned advocate, appearing for the Krishi Utpadan Mandi Samiti.

The challenge raised is to the impugned order dated 18.7.2013, whereby the respondent has proceeded to cancel the licence of the petitioners in exercise of powers u/s 17 of the U.P. Krishi Utpadan Mandi Niyamali 1964 read with Rule 71 and 72 of the 1965 Rules framed thereunder.

Substantially four grounds of challenge have been raised.

The first is that the impugned order is in violation of principles of natural justice inasmuch as 15 days notice has not been given to the petitioners in terms of Rule 72.

The second ground is that the same Rule also provides for giving of a personal hearing and the licensee has to be heard in person before the order is passed which was also not observed.

The third is that none of the ingredients of Rule 71 have been shown to be available for the purpose of cancellation of the licence.

Fourthly, that the show-cause notice refers to different charges and in spite of the reply having been given by the petitioners, the impugned order proceeds on different facts altogether. Thus, the reasons given are absolutely foreign to the charges levelled against the petitioners.

The fifth argument advance is that one of the grounds for cancelling the licence is unacceptable namely the Future Potential Return in the event of the canteen being re-auctioned, which has been made a ground for cancellation. Sri Rai submits that even this ground is not available inasmuch as such a future return being expected by the Mandi Samiti, cannot be a ground of cancelling the same as it does not violate any terms of licence.

2. Sri Gaur, learned counsel for the Mandi Samiti, contends that the mandate of Rule 72, as urged by the petitioners, has not to be read strictly and the show-cause was given to the petitioners whereafter the order has been passed and therefore no prejudice is caused. Even otherwise this part of the Rule that 15 days notice should be given, is not mandatory. He further submits that the right of personal hearing is not a right vested in a licensee who is alleged to have violated the terms and conditions of licence.

Sri Gaur then submits that the background in which the licence was sought to be cancelled has been narrated in the show-cause and in the counter-affidavit and in such circumstances, the order passed by the respondents, does not require any interference.

3. Having given our consideration to the arguments raised, we find that wherever a procedure for compliance of principles of natural justice is statutorily engrained, then in that event the compliance has to be in the manner as provided under the Statute and not on mere general principles. In the instant case, admittedly, the notice was given indicating 7 days for reply and not 15 days as permitted, and no personal hearing was afforded or any notice to that effect given to the petitioners.

4. Surprisingly, what we find from the order dated 18.7.2013 is that there is neither any mention of the show-cause nor is there any mention of the reply given by the petitioners. The order proceeds as if the petitioners had been given the canteen for a mere short time and its continuance was causing in convenience to the running of the canteen. Further Damp No. 4 that was rented out to the petitioners also was taken into consideration only for the purpose of realisation of the balance of rent. In the circumstances, the order does not appear to be clearly an order of cancellation of licence but a direction to hand over possession of the premises for the reasons stated therein even though the show-cause notice alleges violation of the terms of licence.

5. The argument advanced by Sri Gaur, therefore, appears to be a supplement sought to be introduced to the impugned order, which cannot be done either through a counter-affidavit or by oral arguments. The show-cause notice has to be dealt with the nature of the charges as indicated therein and the reply to be given by the licensee, which is the categorical requirement of Rule 72 in the event orders are to be passed under Rule 71. In our opinion, this procedure has not been followed and in the circumstances, the reasoning given in the order impugned for proceeding to take action against the petitioners is not justified and not relatable

Please Login To View The Full Judgment!

to the charges alleged in the show-cause. Consequently, the writ petition deserves to be allowed. The order dated 18.7.2013 passed by the Secretary, Krishi Utpadan Mandi Samiti, District Mathura, respondent No. 4 is hereby quashed. It will be open to the Mandi Samiti to issue a fresh show-cause notice in terms of the provisions referred to here-in-above in case it intends to proceed against the petitioners and pass appropriate orders in accordance with law.
O R







Judgements of Similar Parties

25-02-2020 Neeta Saha, Member of Suspended Board of Palm Developers Pvt. Ltd., U.P. Versus Ram Niwas Gupta (Proprietor of Ram Niwas Gupta & sons), New Delhi & Others National Company Law Appellate Tribunal
14-02-2020 V. Swarnalatha, Hyderabad Versus V.M. Chettiar & Sons India LL.P, Represented by its Managing Partner, V.M. Lakshminarayanan, Teynampet & Another High Court of Judicature at Madras
11-02-2020 Ircon International Limited Versus C.R. Sons Builders & Development Pvt. Ltd. & Another High Court of Delhi
06-02-2020 Bank of India V/S Bhushan Gupta And Sons and Others. Debts Recovery Tribunal Delhi
14-01-2020 Biswaranjan Das & Another Versus M/s. K.C. Panja & Sons & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
09-01-2020 M/s. Express Infrastructure Private Limited, Rep. by its Authorised Signatory, R.R. Aroon Kumar Versus M/s. B.L. Kashyap & Sons Limited, New Delhi also having office at Kancheepuram High Court of Judicature at Madras
07-01-2020 J.S. Sharma & Sons Versus Shiv Devi Meena High Court of Delhi
20-12-2019 Ramesh Kumar Baid & Sons (Huf), Nagpur, Maharashtra Versus Union of India Through Commissioner of Customs (Prev), Patna High Court of Judicature at Patna
28-11-2019 Municipal Commissioner, Nagpur Municipal Corporation & Others Versus M/s. Shivdatt & Sons, Prop. S.V. Grover & Others In the High Court of Bombay at Nagpur
27-11-2019 M/s. Sumat Pershad & Sons & Another Versus Commissioner Customs (Export) & Another High Court of Delhi
26-11-2019 Farha Samad Versus M/s. Jalan & Sons West Bengal State Consumer Disputes Redressal Commission Kolkata
25-10-2019 Mahendra T. Thakkar Trading as Prakash Trading Co., Pillaiyar Kulam, Inamkarisalkulam P.O. Srivilliputhur Gujarat & Another Versus N. Ranga Rao & Sons Pvt. Ltd. High Court of Judicature at Madras
18-10-2019 Kasthuri & Sons Ltd., Chennai Versus The State of Tamil Nadu Rep.by Secretary to Government Labour and Employment (I2) Department, Chennai & Others High Court of Judicature at Madras
23-09-2019 PSG Sons Charities Represented by its Chief Executive Coimbatore Versus Coimbatore City Municipal Corporation, Represented by its Assistant Commissioner, Coimbatore High Court of Judicature at Madras
18-09-2019 P.S. Govindaswamy Naidu & Sons' Charities, A public charitable Trust, Coimbatore, Rep. by its Managing Trustee, L. Gopalakrishnan & Others Versus V. Prakash @ G.N.V. Prakash High Court of Judicature at Madras
22-08-2019 M/s. S. Gurcharan Singh & Sons Versus Commissioner Trade & Taxes & Others High Court of Delhi
16-08-2019 Ajay Bangur & Others Versus B. Majumdar Samajpati & Sons Hotel Pvt. Ltd. High Court of Judicature at Calcutta
31-07-2019 M/s. Balwant Singh & Sons Versus National Insurance Company Ltd & Another Supreme Court of India
15-07-2019 Sir Sobha Singh And Sons Pvt. Ltd. Versus Shashi Mohan Kapur(Deceased) Thr. L.R. Supreme Court of India
01-07-2019 R.L. Varma & Sons (Huf) Versus P.C. Sharma High Court of Delhi
01-07-2019 R.L. Varma & Sons (HUF) V/S P.C. Sharma High Court of Delhi
21-05-2019 Malkiat Singh & Sons Versus Commissioner Trade & Taxes & Another High Court of Delhi
13-05-2019 Mahanadi Coal Fields Limited Versus Kishorilal Loomba & Sons High Court of Orissa
29-04-2019 G.S. Pillay & Sons Charitable and Educational Trust rep. by its Secretary, S. Paramesvaran Versus The Member Secretary, All India Council for Technical Education, New Delhi & Others High Court of Judicature at Madras
24-04-2019 Delhi Development Authority Versus Nalwa Sons Investment Ltd. & Another Supreme Court of India
24-04-2019 Delhi Development Authority Versus Nalwa Sons Investment Ltd. & Another Supreme Court of India
09-04-2019 Ashok Kumar & Sons (HUF) Versus Brahma City Private Ltd. High Court of Delhi
12-03-2019 B.S.N. Joshi & Sons Limited, Rep. by its Director Arvind Joshi, Vishakapatnam Versus Rashtriya Ispat Nigam Limited, Rep. by its Deputy General Manager (MM), Visakhapatnam & Another High Court of Andhra Pradesh
06-02-2019 M/s. Singh & Sons Versus Official Liquidator U.P. High Court of Judicature at Allahabad
01-02-2019 M/s. Meenakshi Overseas LLC Versus M/s. V.V.V & Sons Edible Oils Limited, Represented by its Director, M. Rajiv Vignesh High Court of Judicature at Madras
10-01-2019 S.V. Sivalinga Nadar & Sons, a firm by Partner S.V. Sivalinga Nadar Versus The Joint Registrar of Trade Marks, Trade Mark Registry, Chennai & Others High Court of Judicature at Madras
20-12-2018 N. Ranga Rao & Sons Private Ltd, Chennai Versus Mahendra T. Thakkar Trading as Prakash Trading Co, Gujarat & Another High Court of Judicature at Madras
16-11-2018 Vilelie Khamo & Sons Versus Vikram Infrastructure Co. & Others High Court of Gauhati
13-11-2018 M/s. Captain Guman Singh & Sons & Others Versus M/s. Indian Oil Corporation High Court of Delhi
30-10-2018 N. Ranga Rao & Sons Private Ltd. Versus M/s. Balaji Corporation, Gujarat High Court of Judicature at Madras
29-10-2018 M/s. N.V.K. Mohamed Sultan Rowther & Sons, Dindigul Versus The Additional Commissioner of Central Excise, Central Revenue Buildings, Madurai & Another Before the Madurai Bench of Madras High Court
18-10-2018 Assistant Commissioner of Versus M/s. Rajmal Lakhichand & Sons Income Tax Appellate Tribunal Pune
16-10-2018 N.V.K. Mohammed Sulthan Rawther & Sons, Dindigul, Represented by Managing Partner, Raja Mohammed & Another Versus Union of India Through Its Secretary (Revenue), Minisry of Finance, New Delhi & Others High Court of Kerala
10-10-2018 Madanlal Aggarwal and Sons & Others Versus Abhyudaya Co-Operative Bank Ltd & Another High Court of Judicature at Bombay
26-09-2018 J.C. Gupta & Sons, Represented by its Partner Sundeep Kumar Gupta Versus R. Narasimha Reddy, Since deceased by his L.Rs. & Others High Court of Karnataka
14-09-2018 Dharam Pal Maddar & Sons Versus Union of India High Court of Punjab and Haryana
30-08-2018 M/s. T.V. Sundaram Iyengar & Sons Limited, Represented by Authorised Signatory, Madurai Versus The Superintending Engineer-South, Coimbatore & Others High Court of Judicature at Madras
06-08-2018 TATA Sons Ltd. & Another Versus Krishna Kumar & Others High Court of Delhi
02-08-2018 Sathyanarayana & Sons, Regd, Partnership Firm, Rep. by its Managing Partner, Govind N. Mahatani Versus Suresh Kumar & Others High Court of Judicature at Madras
27-07-2018 M.K. Bajoria, Director, M/s. Marshall Sons & Co (Mfg) Ltd., Kokattal Versus Birla tyres, Represented by its Accounts Officer, Sarojkumar Padby, Chennai High Court of Judicature at Madras
02-07-2018 Kasturi & Sons Ltd V/S Principal Commissioner of GST & Central Excise, Chennai North Commissionerate Customs Excise Service Tax Appellate Tribunal South Zonal Bench At Chennai
25-06-2018 Kajal Agarwal Versus The Managing Director, M/s.V.V.D. & sons Pvt.Ltd., Chennai High Court of Judicature at Madras
20-06-2018 M/s. T. Chinnasamy Chettiar & Sons, HPCL Dealer (Terminated), Rep. by its Managing Partner C. Natarajan, Coimbatore District Versus The Chief Regional Manager, Retail and Constituted Attorney, Hindustan Petroleum Corporation Ltd., Coimbatore & Another High Court of Judicature at Madras
08-06-2018 Joshi Jatashankar Liladhar and Sons V/S Commissioner of Customs (General), Mumbai Customs Excise Service Tax Appellate Tribunal West Zonal Bench At Mumbai
05-06-2018 Machado & Sons Agents & Stevedores Pvt. Ltd. V/S CCE & ST, Goa Customs Excise Service Tax Appellate Tribunal West Zonal Bench At Mumbai
04-05-2018 Banarsi Das Khanelwal & Sons Versus Canara Bank & Others High Court of Delhi
24-04-2018 Cheran Properties Limited Versus Kasturi & Sons Limited & Others Supreme Court of India
03-04-2018 M/s. B.L. Kashyap & Sons Ltd., Rep. by Dheerendra Dixit, Assistant Manager Taxation Versus Joint Commissioner of Commercial Taxes, (ADMN), Bengaluru & Another High Court of Karnataka
22-03-2018 Jothi carrying on business under the name and style of Jay Kay International, Erode Versus Vinodini & Sons rep.by its Partner Nitin H. Shah High Court of Judicature at Madras
08-03-2018 Ram Prakash & Sons & Others Versus Mahender Pal & Another High Court of Delhi
07-03-2018 M/s. Mulraj Khatau & Sons Ltd. Versus Nagesh Samar Bahadur Singh & Another High Court of Judicature at Bombay
31-01-2018 A.H. Sons Com. & Others Versus Asstt. Director & Others High Court of Judicature at Allahabad
25-01-2018 M/s. N. Ranga Rao & Sons Private Limited, Mysore, Represented by its Director, Vishnu Das Ranga Versus M/s. Balarama's Incense Pvt. Ltd., Bangalore High Court of Judicature at Madras
08-01-2018 M/s. M.K. Swamy & Sons, Rep. by its partner, M. Dharma Vijetha Versus The Commissioner of Excise in Karnataka & Another High Court of Karnataka
22-12-2017 N. Swaminathan & Others Versus Versus N. Sathyanathan & Sons (P) Ltd., by its Managing Director, & Others High Court of Judicature at Madras
14-12-2017 M/s. Eswaran & Sons Engineers Ltd., Chennai Versus The Assistant Commissioner of Income Tax, Corporate Ward 2(1), Chennai High Court of Judicature at Madras
12-12-2017 MMTC Ltd., Rep. By its Deputy General Manager S.K. Srinivasan Versus Shiv Sahal & Sons, Represented by its Proprietor Naresh Prasad Agarwal & Others High Court of Judicature at Madras
07-12-2017 M/s. K. P. Dharwatkar & Sons, a Partnership Firm & Another Versus Sulata Kamalakar Chodankar & Others In the High Court of Bombay at Goa
28-11-2017 Shanmughan Versus The Manager, TVS Sundram Iyengar & Sons Ltd, (Marine Section) Second Mile Stone, Killikolloor, Kollam Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
20-11-2017 M/s. Kejriwal & Sons Versus State of U.P. & Others High Court of Judicature at Allahabad
16-11-2017 Mukesh Seth & Another Versus M/s. A.B. Lal and Sons & Others Supreme Court of India
01-11-2017 The Central Board of Trustees, The Employees Provident Fund Organisation, Represented by The Assistant Provident Fund Commissioner (Legal), Regional Office, Pattom Versus M/S. Krishnan Nair & Sons Jewellers, Thiruvananthapuram, Represented by its Managing Partner, Suresh K. Babu & Another High Court of Kerala
31-10-2017 M/s. Boorugu Nagaiah Rajanna Rep. by its Partner Boorugu Surya Prakash Rao Versus Joint family of Masetty Venkanna & sons Rep. by its Karta and Manager Masetty Venkateswara Rao & Others In the High Court of Judicature at Hyderabad
30-10-2017 M/s. S.P. Virmani & Sons Pvt. Ltd. Versus M/s. OTC Exchange of India High Court of Delhi
10-10-2017 M/s. Seth & Sons Private Limited Versus Arjun Uppal & Another High Court of Delhi
07-10-2017 M/s. U. Basappa & Sons, rep. by its Petitioners & Others Versus The Additional Registrar of Co-operative Societies (C&M) & Another High Court of Karnataka
20-09-2017 R.G. Shaw & Sons Pvt. Ltd. & Another Versus Naviplast Traders Pvt. Ltd. & Others National Company Law Appellate Tribunal
18-09-2017 M/s. Banwarilal Goel & Sons & Others Versus Kolkata Municipal Corporation & Others High Court of Judicature at Calcutta
11-09-2017 Commissioner of Income Tax (TDS) Versus Hakmichand D. & Sons High Court of Gujarat At Ahmedabad
05-09-2017 Harbanslal Malhotra & Sons Pvt. Ltd. Versus Kolkata Municipal Corpn. & Another Supreme Court of India
30-08-2017 Prem Prakash Versus Santosh Kumar Jain & Sons (HUF) & Another Supreme Court of India
28-08-2017 Kathuria and Sons V/S Commissioner of Central Excise Delhi I Customs Excise Service Tax Appellate Tribunal Principal Bench New Delhi
24-08-2017 D.G. Devaraj & Another Versus M/s. T. Tharmar & Sons, Firm Registered & Firm Registration, through its Partner T. Tharmar Before the Madurai Bench of Madras High Court
21-08-2017 M/s. G. Dutta & Sons Versus Pradip Kumar Dutta & Others National Consumer Disputes Redressal Commission NCDRC
18-08-2017 C.R. Yadav & Sons, HUF Versus Manchanda & Manchanda Builders Pvt. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
08-08-2017 Assobhai Bhanji and sons v/s Great Circle Shipping Pvt. Ltd. High Court of Judicature at Bombay
03-08-2017 J. Sons Foundry Pvt. Ltd V/S Commr. of Cus. (Import), JNCH, Nhava Sheva Customs Excise Service Tax Appellate Tribunal West Zonal Bench At Mumbai
05-07-2017 Cheran Properties Ltd. Versus Kasturi & Sons Ltd. & Others National Company Law Appellate Tribunal
05-07-2017 Villavarayar & Sons V/S Commissioner of Customs, Tuticorin Customs Excise Service Tax Appellate Tribunal South Zonal Bench At Chennai
05-07-2017 Villavarayar & Sons Versus Commissioner of Customs, Tuticorin Customs Excise Service Tax Appellate Tribunal South Zonal Bench At Chennai
04-07-2017 M/s. Suman Gopaliya & Sons Versus Krishi Upaj Mandi Samiti High Court of Rajasthan Jaipur Bench
30-06-2017 S.A. Malick Mohammed & Sons, Rep. by Naina Mohammed, Managing Partner Versus P.K. Abdul Hamed, Rep. by power agent Shamshed Hameed & Another High Court of Judicature at Madras
15-06-2017 Satish Chandra Nag & Sons Versus Narbada Devi Gupta High Court of Judicature at Calcutta
14-06-2017 Employees' State Insurance Corporation Versus M/s. A. Tosh & Sons India Limited High Court of Judicature at Calcutta
09-06-2017 J.P. Srivastava & Sons (Rampur) P. Ltd Versus Gwalior Sugar Co. Ltd National Company Law Tribunal Ahmedabad
07-06-2017 S.A. Malick Mohammed & Sons, Rep. by Naina Mohammed, Managing Partner Versus P.K. Abdul Hamed, Rep. by power agent Shamshed Hameed & Another High Court of Judicature at Madras
06-06-2017 S.A. Malick Mohammed & Sons, Rep. by Naina Mohammed, Managing Partner Versus P.K. Abdul Hamed, Rep. by power agent Shamshed Hameed & Another High Court of Judicature at Madras
17-05-2017 Hansraj Pragji & Sons and Others V/S Commissioner of Customs (Export), Mumbai Customs Excise Service Tax Appellate Tribunal West Zonal Bench At Mumbai
05-05-2017 Dharampal Satyapal Sons Pvt. Ltd V/S CST, Delhi Customs Excise Service Tax Appellate Tribunal Principal Bench New Delhi
04-05-2017 Shubh M.L. Shah & Sons Steel Private Limited Versus Dcit 10(3), Mumbai Income Tax Appellate Tribunal Mumbai
03-05-2017 M/s. Narayani Sons Pvt. Ltd. Versus A.C.I.T., Central Circle-XXX, Kolkata Income Tax Appellate Tribunal Kolkata
27-04-2017 Tata Sons Limited and Others V/S John Doe(s) and Others. High Court of Delhi
20-04-2017 Bola Surendra Kamath & Sons V/S C.C.E., Cus. & S.T., Mangalore Customs Excise Service Tax Appellate Tribunal South Zonal Bench At Bangalore
20-04-2017 Commissioner of Central Excise, Delhi-I V/S Om Sons Cable Co. Customs Excise Service Tax Appellate Tribunal Principal Bench New Delhi
10-04-2017 Anand Parkash & Sons and Others V/S CCE Customs Excise Service Tax Appellate Tribunal New Delhi


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box