Madhya Pradesh High Court
M/S. Agrasen Brothers Hata District ... vs The State Of Madhya Pradesh on 29 March, 2023
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 29 th OF MARCH, 2023
WRIT PETITION No. 21165 of 2018
BETWEEN:-
M/S LAXMI TRADING COMPANY THROUGH ITS
PROPRIETOR SUNIL KUMAR AGRAWAL S/O SHRI
RAMNATH AGRAWAL AGE 44 YEARS OFFICE/SHOP
SITUATED AT BALAJI VIHARIJI WARD HATTA, DISTT.
DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI GAJENDRA SINGH, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
AGRICULTURE VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. MANAGING DIRECTOR M.P STATE
AGRICULTURE MARKETING BOARD 26, KISAN
BHAWAN ARERA HILLS, JAIL ROAD BHOPAL
(MADHYA PRADESH)
3. COLLECTOR DISTRICT DAMOH DISTT-DAMOH
(MADHYA PRADESH)
4. SECRETARY KRISHI UPAJ MANDI SAMITI HATTA
DISTT-DAMOH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDEEP CHATTERJEE, GOVT. ADVOCATE &
SHRI R. S. THAKUR, ADVOCATE FOR RESPONDENT NOS.2 TO 4)
WRIT PETITION No. 16813 of 2021
BETWEEN:-
1. M/S. VAISHALI TRADERS THROUGH ITS
PROPRIETOR SMT. SANGEETA JAIN, W/O SHRI
Signature Not Verified
Signed by: MONSI M SIMON
Signing time: 3/31/2023
2:31:50 PM
2
KAPIL KUMAR JAIN, AGED ADULT OCCUPATION-
BUSINESS R/O NEMINAGAR, DAMOH DISTRICT
DAMOH (M.P.) (MADHYA PRADESH)
2. M/S. ARUN TRADERS THOUGH ITS PROPRIETOR
SHRI ARUN GUPTA, S/O LATE SHRI B. D. GUPTA,
AGED ADULT, OCCUPATION- BUSINESS R.D.
WARD NO. 2, DAMOH DISTRICT DAMOH (M.P.)
(MADHYA PRADESH)
3. M/S. VIVEK TRADERS THROUGH ITS
PROPRIETOR SHRI KAPIL KUMAR, S/O K. C. JAIN,
AGED ADULT, OCCUPATION- BUSINESS GANDHI
ASHRAM DAMOH, DISTRICT DAMOH (M.P.)
(MADHYA PRADESH)
4. M/S. GARIMA TRADERS THROUGH ITS
PROPRIETOR SMT. VIDYA BAI, W/O SHRI K. C.
JAIN, AGED ADULT, OCCUPATION- BUSINESS
NEMINAGAR, DAMOH, DISTRICT DAMOH (M.P.)
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MOHD. SIDDIQUI, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH THE
PRINCIPAL SECRETARY DEPARTMENT OF
AGRICULTURE AND FARMER WELFARE
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. THROUGH ITS DIRECTOR MADHYA PRADESH
STATE AGRICULTURE MARKETING BOARD 26
KISAN BHAWAN, ARERA HILLS, JAIL ROAD,
BHOPAL (M.P.) (MADHYA PRADESH)
3. COLLECTOR D AM OH DISTT.DAMOH (MADHYA
PRADESH)
4. THROUGH THE SECRETARY KRISHI UPAJ MANDI
S AM I TI KRISHI UPAJ MANDI SAMITI, HATA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDEEP CHATTERJEE, GOVT. ADVOCATE &
SHRI R. S. THAKUR, ADVOCATE FOR RESPONDENT NOS.2 TO 4)
WRIT PETITION No. 18096 of 2021
Signature Not Verified
Signed by: MONSI M SIMON
Signing time: 3/31/2023
2:31:50 PM
3
BETWEEN:-
M/S KRISHNA AND COMPANY HATA DAMOH THR. THE
PROPRIETOR SHRI RAJ KUMAR AGRAWAL R/O
GANDHI WARD HATA DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI VISHAL VINCENT RAJENDRA DANIEL, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR THE
PRINCIPAL SECRETARY DEPARTMENT OF
AGRICULTURE VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. MANAGING DIRECTOR STATE AGRICULTURE
MARKETING BOARD (MARKING BOARD) 26
KISAN BHAWAN ARERA HILLS JAIL ROAD
(MADHYA PRADESH)
3. COLLECTOR DAMOH DISTT.DAMOH (MADHYA
PRADESH)
4. SECRETARY KRISHI UPAJ MANDI SAM ITI HATA
DISTT.DAMOH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDEEP CHATTERJEE, GOVT. ADVOCATE &
SHRI R. S. THAKUR, ADVOCATE FOR RESPONDENT NOS.2 TO 4)
WRIT PETITION No. 18115 of 2021
BETWEEN:-
M/S. AGRASEN BROTHERS HATA DISTRICT DAMOH
M.P. THROUGH THE PROPRIETOR SHRI SOURABH
KUMAR AGRAWAL R/O GANDHI WAD HATA, DISTRICT
DAMOH MADHYA PRADESH. (MADHYA PRADESH)
.....PETITIONER
(BY SHRI VISHAL VINCENT RAJENDRA DANIEL, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT OF
AGRICULTURE VALLABH BHAWAN, BHOPAL M.P.
(MADHYA PRADESH)
Signature Not Verified
Signed by: MONSI M SIMON
Signing time: 3/31/2023
2:31:50 PM
4
2. MANAGING DIRECTOR STATE AGRICULTURAL
MARKETING BOARD (MARKETING BOARD) 26
KISAN BAHWAN AREA HILLS JAIL ROAD
(MADHYA PRADESH)
3. COLLECTOR DAM OH DISTT. DAMOH (MADHYA
PRADESH)
4. SECRETARY KRISHI UPAJ MANDI SAMITI HATA
DISTT. DAMOH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDEEP CHATTERJEE, GOVT. ADVOCATE &
SHRI R. S. THAKUR, ADVOCATE FOR RESPONDENT NOS.2 TO 4)
WRIT PETITION No. 21086 of 2021
BETWEEN:-
1. M/S. MUKESH TRADING COMPANY THROUGH ITS
PROPRIETOR MUKESH KUMAR SAHU, S/O SHRI
DHANU PRASAD SAHU, AGED ADULT,
OCCUPATION-BUSINESS, R/O SHASTRI WARD,
HATA, DISTRICT DAMOH (M.P.) (MADHYA
PRADESH)
2. M/S. AGRAWAL TRADING COMPANY THR.
PROPRIETOR PRAKASH CHANDRA S/O SHRI
GOPAL CHANDRA AGRAWAL CHANDIJI WARD
HATA, DISTRICT DAMOH (M.P.) (MADHYA
PRADESH)
3. M/S. AGRAWAL TRADING COMPANY THROUGH
ITS PROPRIETOR CHANDRAKANT S/O SHRI
DAYARAM SAHU GAURISHANKAR WARD, HATA,
DISTRICT DAMOH (M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MOHD. SIDDIQUI, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH PRINCIPAL THE
SECRETARY SECRETARY FARMER WELFARE
AND AGRICULTURE DEPARTMENT VALLABH
BHAWAN, BHOPAL (M.P.) (MADHYA PRADESH)
2. MADHYA PRADESH STATE AGRICULTURE
MARKETING BOARD THROUGH ITS DIRECTOR 26
Signature Not Verified
Signed by: MONSI M SIMON
Signing time: 3/31/2023
2:31:50 PM
5
KISAN BHAWAN, ARERA HILLS, JAIL ROAD,
BHOPAL (M.P.) (MADHYA PRADESH)
3. C O LLEC TO R D A M O H COLLECTOR DAMOH
(MADHYA PRADESH)
4. KRISHI UPAJ MANDI SAMITI THROUGH THE
S ECR ETARY HATA DISTRICT DAMOH (M.P.)
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDEEP CHATTERJEE, GOVT. ADVOCATE &
SHRI R. S. THAKUR, ADVOCATE FOR RESPONDENT NOS.2 TO 4)
These petitions coming on for admission this day, the court passed the
following:
ORDER
Petitioners have filed these petitions under Article 226 of Constitution of India, challenging order dated 13.8.2018 by which licence granted to petitioners for trading has been cancelled.
2. Learned counsel for the petitioners submitted that no show cause notice was issued to petitioners and there is violation of Section 33(4) of M.P. Krishi Upaj Mandi Adhiniyam, 1972. It is submitted that no opportunity of hearing was provided to petitioners. Learned counsel for the petitioners points out that in order list of firms is given of which licence has been cancelled.
3. Learned counsel for respondent nos.2 to 4 submitted that petitioners are having an alternative remedy to prefer an appeal.
4. Petitioners had submitted that their fundamental rights of natural justice has been violate. Since violation of fundamental rights is in question, therefore, Court is exercising its discretion to entertain these writ petitions and objection regarding availability of alternative remedy is over-ruled.
5. Learned counsel for respondent nos.2 to 4 also submitted that enquiry was conducted. Petitioners were given opportunity of hearing in enquiry.
Signature Not Verified Signed by: MONSI M SIMON Signing time: 3/31/2023 2:31:50 PM 6Thereafter decision was taken to cancel the licence. It is submitted that two opportunities of hearing is not required to be given. Petitioners have been given opportunity of hearing in enquiry.
6. Learned Govt. Advocate appearing for the respondent/State supported the order passed by respondent authorities.
7. Heard the learned counsel for the parties.
8. Section 33(4) of M.P. Krishi Upaj Mandi Adhiniyam, 1972 is quoted as under:-
"(4) No licence shall be suspended or cancelled under this section without giving an opportunity to show cause against such suspension or cancellation."
9. Section 33(4) is mandatory in character and show cause notice ought to have been issued to petitioners before cancelling the licence. Respondent authorities can rely upon enquiry report and findings given therein but show cause notice ought to have been issued to petitioners before passing an order of cancellation of licence.
10. Considering the same, impugned order dated 13.8.2018 is quashed. Matter is remanded back to respondent no.4 Secretary, Krishi Upaj Mandi Samiti to issue show cause notice to petitioners giving an opportunity of hearing and thereafter pass orders in accordance with law.
11. No opinion is expressed on the merits of the matter.
12. With aforesaid direction, these writ petitions stand disposed off.
(VISHAL DHAGAT) JUDGE mms Signature Not Verified Signed by: MONSI M SIMON Signing time: 3/31/2023 2:31:50 PM 7 Signature Not Verified Signed by: MONSI M SIMON Signing time: 3/31/2023 2:31:50 PM