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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANIL KUMAR UPMAN
Karan Singh, S/o Shri Leelaram – Appellant
Versus
Additional Food Commissioner, Food, Civil Supply And Consumer Matters Department – Respondent
ORDER :
ANIL KUMAR UPMAN, J.
1. Instant writ petition has been filed by the petitioner seeking following relief:-
“It is, therefore, humbly prayed that this writ petition may kindly be allowed and by issuing a writ, order or direction, the impugned orders dated 25.11.2016 (Annx-2), 17.07.2018 (Annx-3) and 29.05.2019 (Annx-5) may kindly be quashed and set aside and respondents may kindly be directed to restore the authorization of the petitioner for Fair Price Shop in dispute.
Any other order which this Hon’ble Court deems proper may also be granted in favour of the petitioner.”
2. Brief facts of the case as narrated in the writ petition by the petitioner are that the petitioner was working under the authorization issued by the respondents in his favour as a Fair Price Shopkeeper in Gram Panchayat Harimpur, District Alwar. On 16.08.2016, due to alleged political enmity, the Enforcement Officer submitted a report against the petitioner, claiming that the shop was closed on that day, depriving consumers of their ration commodities. Based on this report, respondent No.3 issued a show-cause notice on 22.08.2016, stating that the shop was found closed on that date and directing the petitioner
The cancellation of a Fair Price Shop authorization without proper notice and opportunity to be heard violates principles of natural justice.
The court upheld the cancellation of the petitioner’s fair price shop license due to violations of the Essential Commodities Act, confirming the necessity of a reasonable opportunity to be heard.
The cancellation of authorization of a fair price shop dealer without following due process of law is unsustainable. The authority must adhere to the fundamental ingredients of an enquiry, including ....
The cancellation of a fair price shop dealer's authorization must adhere to natural justice and inquiry procedures, ensuring a fair hearing and proper assessment of justifications.
The cancellation of a fair price shop dealer's authorization without conducting a proper enquiry is illegal and arbitrary, and violates the principles of natural justice and the provisions of the APS....
A quasi-judicial authority must adhere to principles of natural justice, providing a fair hearing and recording reasons before passing adverse orders.
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