RAM MURAT, ETC. ETC. vs COMMISSIONER, AZAMGARH DIVISION, AZAMGARH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(All) 1601

[2006(5) ADJ 396 (DB)]
ALLAHABAD HIGH COURT
(Division Bench)
BEFORE : YATINDRA SINGH AND R.K. RASTOGI, JJ.
RAM MURAT, ETC. ETC. .....Petitioners
Versus
COMMISSIONER, AZAMGARH DIVISION, AZAMGARH AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 12850 of 2003, 72532, 73380 of 2005, 2443, 3629, 6308, 6456, 8503, 8723, 9386, 10392, 12431, 13124, 13923, 13961, 14414, 15564, 16070, 16793, 17301, 17757, 18084, 18746, 19278, 19358, 20081, 21424, 24239 and 24993 of 2006, decided on 25th May, 2006)

Advocates:
Counsel :
Ram Ravat, S.K. Singh, S.D. Dubey, Manoj Misra, R.J. Misra, J.P. Gupta, Deepak Jaiswal, Devendra Kumar, D.R. Azad, S.M. Iqbal, Irshad Ali, Rajendra Singh, Ms. Sufia Saba and Ms. Jyoti Bhushan for the Petitioner; Anju Kumar, V.K. Singh, Deepak Jaiswal, Gulab Chand and S.C. for the Respondents.

Headnote:Licence—Cancellation of—Licences of Fair Price Shops were cancelled—On ground that either they themselves, or their wives, or other family members had elected as Pradhan of Gaon Sabha—Validity of order—G.O., dated 18-7-2002, have no retrospective effect, but prospective only—Therefore, licences of those persons only can be cancelled on basis of that G.O. whose family members were elected as Pradhan, or Up-Pradhan, after 18-7-2002—And did not apply to those persons, who themselves, or their family members, had been elected as Pradhan, or Up-Pradhan before 18-7-2002—Moreover, G.O. of 1990 and G.O. of 2002, issued to achieve object of prohibiting allotment of Ration shops to Pradhan and Up-Pradhan, or their family members, have got no repugnancy with provisions of Control Order of year 2004—And they were still in force in view of Section 24 of U.P. General Clauses Act—Any brother of licence-holder, or any other relation, who was elected, that disqualification applies only in that case when they were residing together in same house, and their food was being cooked in one kitchen—Furthermore, G.O. of 2002, after its enforcement, was applicable to all licence-holders, irrespect of fact that their licences had been granted earlier—Therefore, Court answered accordingly in cases of all 32 writ petitions. [Paras 10, 17, 24, 28, 68 and 69]

JUDGMENT

Hon’ble R.K. Rastogi, J.—The petitioners in all these 32 writ petitions were licensees of the fair price shops. Their licences have been cancelled on the ground that either they themselves or their wives or other family members had been elected as Pradhan of the Gaon Sabha. In writ petition No. 12850 of 2003 the wife of the petitioner was elected as Pradhan in the year 2000 and so his licence was cancelled on 26.10.02. In writ petition No. 16070 of 2006 the wife of the petitioner was elected as Pradhan in the year 2000 and re-elected in 2005, and so his licence was cancelled on 17.8.2000. Thereafter his representation was also rejected on 27.12.05. In the remaining writ petitions the petitioners or their family members became Pradhan in the election held in the year 2005. A chart showing the date of elections, the relationship of the Pradhan with the petitioners as well as the date of cancellation orders is as follows:

S.No. W.P. No. Election date Relationship Cancellation

1. 12850/03 25.6.2000 Wife 26.10.02

2. 722532/05 Sept.2005 Wife 20.9.05

3. 73380/05 2005 Wife alleged to be 28.9.05 divorced on 17.10.03

4. 76585/05 7.9.2005 Self 19.9.05

5. 77294/05 28.8.05 Son 26.11.05

6. 77665/05 29.08.2005 Wife 20.09.05

7. 2443/06 Aug. 2005 Wife 11.11.05

8. 3629/06 2005 Wife 07.01.06

9. 6308/06 2005 Wife 20.9.05

10. 6456/06 28.08.2005 Self 19.11.05

11. 8503/06 19.08.2005 Wife 11.09.05

12. 8723/06 28.08.2005 Son 30.12.05

13. 9386/06 2005 Wife 12.01.06

14. 10392/06 2005 Self 08.02.06

15. 12431/06 2005 Wife 17.01.06

16. 13124/06 28.08.2005 Wife 16.09.05

17. 13923/06 28.08.2005 Wife 22.12.05

18. 13961/06 28.09.2005 Self 16.09.05

19. 14414/06 2005 Self 17.10.05

20. 15564/06 2005 Self 08.02.06

21. 16070/06 2000 & 2005 Wife 27.02.06

22. 16793/06 Aug. 2005 Wife 23.12.05

23. 17301/06 Sep. 2005 Father 24.12.05

24. 17757/06 Sept. 2005 Wife 17.01.06

25. 18084/06 2005 Wife 09.03.06

26. 18746/06 Sept. 2005 Wife 25.03.06

27. 19278/06 28.8.05 Mother 27.03.06

28. 19358/06 2005 Self 10.03.06

29. 20081/06 2005 Wife 09.03.05

30. 21424/06 2005 Wife 3/4.03.06

31. 24239/06 2005 Wife 05.4.06

32. 24993/06 2005 Wife 05.10.05

2. The Parliament enacted the Essential Commodities Act, 1955 (the Act). Section 3 of the Act empowers the Central Government to enact different Control Orders. Section 5 of the Act empowers the Central Government to delegate this power to the State Governments also and the Central Government has accordingly delegated this power to the State Governments. Then the State of U.P. enacted the U.P. Scheduled Commodities (Regulation of Distribution) Order, 1990 (the 1990 Order) for equitable distribution of essential commodities. Section 3 of the 1990 Order provided for setting up of fair price shops and Section 4 of this Order permits the State Government to issue directions for running of these shops. The State Government by G.O. dated 3.7.1990 issued an Order for grant and running of fair price shops. Under the 1990 Order a person, who was an elected Pradhan or Up-Pradhan of Gaon Sabha and his family members, were prohibited from getting licence of fair price shop. This G.O. was subsequently modified by the G.O. dated 18.7.2002 which provides that the licence of fair price shop will be cancelled in case the licensee or his family members as mentioned therein are elected as Pradhan or Up-Pradhan. It is in pursuance of this amended Order that the action of cancellation of licence is purported to have been taken.

3. The State Government substituted the U.P. Scheduled Commodities Distribution Order, 1990 by issuing the new order in 2004 termed as the U.P. Scheduled Commodities Distribution Order, 2004. The present action has been taken in all the writ petitions (except writ petitions No. 12850 of 2003 and 16070 of 2006) after enforcement of the new Order of 2004. The action of cancellation of licence in writ petition No. 12850 of 2003 had been taken under the 1990 Order and the same action of cancellation in writ petition No. 160

Click Here to Read the rest of this document