ALLAHABAD HIGH COURT QUASHED AN ORDER PASSED BY THE UP GOVERNMENT STATING IT IS A VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE

A Division Bench of Justices Manoj Kumar Gupta and Deepak Verma of the Allahabad High Court quashed the order passed by the UP government, which cancelled the licence of a buffalo meat seller as his business was hurting the sentiments and emotions of a community. The bench held that the order passed by the UP government is a violation of the principles of natural justice. 

Ikara, the Petitioner, had a licence under the Food Safety and Standards Act, 2006 as a retailer. The licence was valid till January 2022. However, the Food Safety Officer at Pilibhit cancelled his license in February 2021 on the ground that his business is hurting the sentiments of a particular community.

Counsel for the petitioner submitted that the Food Safety Officer passed the order without giving the petitioner an opportunity to be heard. The standing Counsel appearing for the Government did not deny the fact that the petitioner was neither given an opportunity nor any notice. 

In view of the same, the bench quashed the order by giving the respondent the favour of passing a new order after giving the petitioner proper notice and an opportunity for a hearing. 

Author: Papiha Ghoshal