Acharya Swami Ganesh Dass Ji Mahant Sadhu Dela Ashra, Patiala vs The State of Punjab and others

P.D. Sharma, J.—Acharya Swami Ganesh Das in this writ petition against (1) the State of Punjab; (2) Under Secretary to Government Punjab, Food and Supplies Department and (3) Deputy Director, Food and Supplies Department has praved for setting aside an order passed by respondent No 3 dated the 22nd May, 1967, by which permit dated 3rd May, 1967, issued in his favour for the export of wheat and gram from Patiala to Bombay, Varanasi and Hardwar was cancelled. The facts, as alleged by him, in support of his prayer may briefly be noticed here. He is the Mahant of Dera Pnalauli in Patiala which has considerable landedestate and thus acquired the right to manage the land attached to it. He cultivated wheat, and gram in this land and wanted to use the produce at his Ashram at Bombay and Varanasi. The Punjab Government had allowed him to export the wheat, and gram produced on this land to Varanasi and Bombay under the provisions of Inter Zonal Wheat and Wheat Products (Movement Control) Order 1964, in the years 1965 and 1966 He again applied for the grant of export permit of such grains which was granted to him by respondent No. 2, copy marked ''A''. It was valid for 30 days. The petitioner started making arrangements for export of this wheat and gram to Bombay, Varanasi and Hardwar as specified therein but before these could be finalised it was cancelled by the impugned order. He alleges that the order under scrutiny was illegal, mala fide and without jurisdiction amongst others also for the reason that the permit once issued in his favour could not have been cancelled without notice to him.

The respondents in their written statement explained that the export permit was cancelled as it came to the notice of the Government that a civil Court had already held that the petitioner was not legal heir and Mahant of the Dera and further that he owned a sum of Rs. 10 to 12 thousand to the Government as outstanding dues of taccavi and evading to pay the same. It was further stated that the State Government was fully competent to cancel the permit already issued.

The petitioner in his replication maintained that he continued to be the Mahant of the Dera Phalauli and that no Civil Court held that he ceased to be so. He went on to urge that the Government had already permitted other religious Institutions to export considerable quantities of wheat to places outside Punjab and that there was no justification for cancelling the export permit granted in his favour.

The respondents admitted that the petitioner was not given any opportunity to explain his case before the permit granted in his favour for export of certain quantity of wheat and gram from Punjab to Bombay, Hardwar and Varanasi was cancelled. The reasons which are said to have prevailed with the respondents for cancelling the export permit had been strenuously contested by the petitioner. In these circumstances it would have been in the interest of justice that the petitioner should have been given a hearing before passing the impugned order. The respondents in passing the impugned order offended one of the cardinal principles of natural justice that nobody should be condemned unheard (Audi alteram partem).

The writ is allowed and the impugned order annexure ''C'' is cancelled and with it shall fall the order annexure ''B'' of the District Food and Supplies Controller, Patiala, to the Station Mister, Patiala, forbidding him from booking the consignment mentioned in permit annexure ''A'' till further orders. No order as to costs.