The Allahabad High Court has quashed a government order which
The Allahabad High Court has quashed a government order which had cancelled the licence of a buffalo meat seller on the ground that his business was hurting the sentiments of a particular community.
Ikrar Husain v. State of UP
The Bench of Justice Manoj Kumar Gupta and Justice Deepak Verma opined that the order passed by the Uttar Pradesh Government was in violation of the principle of natural justice.
“We therefore hold that the impugned order has been passed in violation of principles of natural justice. It is accordingly quashed, with liberty reserved in favour of the respondents to pass a fresh order after notice and opportunity of hearing to the petitioner.” the court said.
The petitioner Ikrar Husain had a licence issued under the Food Safety and Standards Act, 2006 as a retailer which was valid up to January 2022. However the due to an order issued by the State Government the Food Safety Officer of Pilibhit had cancelled the petitioner’s licence on the ground that his business of selling buffalo meat is hurting the sentiments of a particular community.
The counsel appearing for the petitioner submitted to the court that the order was passed without any prior notice and the petitioner was denied the opportunity of hearing before cancelling his licence.
Therefore, the court quashed the order and asked the respondents to pass a fresh order after notice and opportunity of hearing to the petitioner.
