Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1975 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1975 (9) TMI 169 - SUPREME COURTWhether the power of the District Magistrate to revoke the licence under s. 12 can be for only any of the grounds mentioned in s. 9? Held that:- The power under s. 12 is to pass the kind of order which might be passed under section 7 or 9. The reasons for which this power can he exercised are not restricted to those mentioned in section 7 or 9. The revisional power under s. 12 is not a limited one. It is as wide as that of the original authority. The considerations which the District Magistrate took into account in revoking the appellant's licence were the same as those which were before the Village Panchayat when it decided to grant the licence. The revising authority is entitled on the same material to take a view different from that of the authority whose order is revised. The order passed by the District Magistrate post-haste immediately he received the appellants reply without either giving him the copies asked for or at least telling him that the material already furnished was sufficient to enable him to make his representation and if he had ally further representation to make he could do so offends the principles of natural justice. We are aware that we are dealing with an appeal questioning the proceedings initiated under Article 226 of the Constitution where the power of the court is a limited one, that is to say, limited to cases where there is any error of law apparent on the face of the record. But the observance of the principles of natural justice is fundamental to the discharge of any quasi-judicial function. We therefore allow the appeal and set aside the order of the District Magistrate. Appeal allowed.
|