Orissa High Court: K.S. Jahveri, CJ and K.R. Mohapatra, J., partly allowed a writ petition on the ground that the principle of natural justice was not followed by the parties.
A writ petition was filed against the tender call notice issued by the Executive officer, Jeypore Municipality for grant of licence and underground chamber stall. Even after issuance of the impugned tender call notice, the petitioner’s licence period was continued but the same was cancelled abruptly without issuing any notice to the petitioner.
The Court after submission by the parties held that order of cancellation of petitioner’s licence was required to be quashed and set aside as it was issued without giving the notice. It was further ordered that the respondents’ were open to issue a notice to the petitioner and thereafter after hearing him, appropriate order may be passed. The Court further submitted that cancellation was made without issuing a notice to the petitioner that too without following due procedure, i.e., in gross violation of the principle of natural justice. Thus, the writ was allowed.[Basanta Kumar Mundra v. Jeypore Municipality, 2019 SCC OnLine Ori 210, decided on 13-05-2019]