Reasonable hearing before kerosene licence cancellation was mandatory, and the cancellation could not stand on undisputed facts.

Before cancellation of a kerosene licence, Para 11 of the U. P. Kerosene Control Order, 1962 required the licensee to be given a reasonable opportunity to submit an explanation. The text notes that the writ petition asserted no hearing was afforded before cancellation, and that assertion was not controverted by the State through a counter-affidavit. On that undisputed material, the cancellation order could not be sustained and was set aside.

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Issues: Whether the cancellation of the kerosene licence was vitiated for want of a reasonable opportunity of hearing under Para 11 of the U. P. Kerosene Control Order, 1962.

Analysis: Para 11 of the U. P. Kerosene Control Order, 1962 expressly required that before cancellation of a licence, the licensee must be given a reasonable opportunity of submitting an explanation. The writ petition contained an unrebutted averment that no opportunity of hearing was afforded before the licence was cancelled, and the State filed no counter-affidavit to controvert that assertion. On the undisputed material, the cancellation order could not be sustained.

Conclusion: The cancellation order was set aside and the writ petition was allowed.

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