IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.828 OF 2009 (Arising out of S.L.P. (C) No.23836 of 2007)

Rajendra Prasad      ...Appellant(s)

Versus

State of Uttar Pradesh and Ors.      ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

By  an  order  dated  16th May,  2007,  Deputy  District  Officer,  Gyanpur

allotted Fair Price Shop at village Kanakpur, District Bhadohi to the appellant.  After

15 days, District Officer passed an order dated 30th May, 2007 for cancellation of the

allotment made in favour of the appellant and initiation of the selection procedure in

favour  of  respondent  No.4,  Vinod  Kumar.   Accordingly,  Deputy  District  Officer,

Gyanpur passed order dated 5th June, 2007.  The appellant challenged that order by

filing writ petition under Article 226 of the Constitution of India.  He averred that

before cancelling the allotment made in his favour, the concerned officers did not give

him opportunity of hearing.  However, without examining the merits of the case, the

High  Court  summarily  dismissed the  writ  petition.   Hence,  this  appeal  by special

leave.   

...2/-

- 2 -  

In the special leave petition also it has been averred by the appellant that

the order of cancellation was passed without affording him opportunity of hearing.

This has not been denied in the counter affidavit filed on behalf of the respondent-

State.  Therefore, the order passed by Deputy District Officer, Gyanpur as also the

order passed by the High Court dismissing the writ petition are liable to be set aside.

Accordingly, the appeal is allowed, order dated 5th June, 2007, passed by

Respondent No.3 cancelling the allotment of Fair Price Shop of the appellant and the

order passed by the High Court in the writ petition are hereby quashed.

Needless to say that this order shall not preclude the competent authority

from passing appropriate order in accordance with law.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, February 09, 2009.