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2008 Supreme(All) 922

[2008(6) ADJ 14]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI, J.
DHARMENDRA KUMAR ..........Petitioner
Versus
STATE OF U.P. AND OTHERS ........Respondents
(Civil Misc. Writ Petition No. 39964 of 2007, decided on 15th April, 2008)

Advocates:
Counsel :
Deepak Kumar Jaiswal and D.S. Srivastava for the Petitioner; S.C. for the Respondents.

Headnote:Fair Price Shop—Cancellation of—Father of petitioner was appointed an authorised dealer of Fair Price Shop under Contract with State of U.P.—Subsequently, shop was transferred to petitioner—Inspection of shop by Inspecting Party of Civil Supplies Dept.—Alleged that stocks were found to be correct—But stock and Rate Board was not displayed by petitioner—And that not a single Card holder was present—Hence, notice given to petitioner to produce stock and sales register for a period of 3 months—But could not produced before A.D.M./S.D.O.—Hence, cancelled his authorisation—Also, dismissal of his appeal by Commissioner—Hence, petition against—Wherein Court ordered petitioner to approach appellate authority—D.S.O. and Commissioner have found that there were complaints against petitioner—And that, on verification, large number of card holders were not found to be residing on spot—Held, these findings are findings of fact—Thus, no interference in writ jurisdiction. [Paras 3, 7, 8 and 9]

       

JUDGMENT

Hon’ble Sunil Ambwani, J.—Heard Shri Deepak Kumar Jaiswal, learned Counsel for the petitioner and learned Standing Counsel.

2. The petitioner’s father was appointed an authorised dealer of fair price shop in the year 1976 under a contract with the State of U.P. The distribution is now regulated by the U.P. Scheduled Commodities (Distribution) Order, 2004. His shop is situate in Katra, a busy commercial locality in the city of Allahabad. In the year 1993 the shop was transferred to the petitioner.

3. The shop was inspected by an inspecting party of the civil supplies department on 10.2.2005. It is alleged that stocks were found to be correct but the inspecting party took away the sales register of the period 1.8.2004 to 31.1.2005. The petitioner, however, was not given the receipts, either on the same day or on the next day, when he met the Addl. District Magistrate. In the inspection note it was stated that the stock and rate board was not displayed, and that not a single card holder was present, whereas the dealer had entered a good amount of kerosene oil distributed on that day upto the time of inspection. On that date 13 fair price shops were inspected between 11.50 a.m. to 1.00 p.m. Notice was given to the petitioner on 16.2.2005 to produce the stock and sales register for a period of 3 months. The petitioner informed the Addl. District Magistrate that the registers were already taken away by the inspecting party. The petitioner alleges that he was asked for bribe, to clear his name. He, however, did not agree to the demand. He has also alleged that one Shri Jitendra Kumar Jaiswal was having a dispute with the petitioner. He was keeping a grudge and had made complaint against the petitioner. The petitioner submitted a reply. It is contended that without considering his explanation the Sub Divisional Officer cancelled his authorization. The appeal filed by the petitioner was dismissed by the Commissioner, Allahabad Division, Allahabad on 9th July, 2007. The petitioner has made serious allegations against the office of the District Supply Officer, Allahabad and the corruption prevailing in the supply office with which we are not concerned. He had earlier filed Writ Petition No. 59735 of 2006 challenging the order by which his licence was suspended. The writ petition was dismissed on 3.11.2006 with liberty to the petitioner to approach the appellate authority.

4. The Commissioner, Allahabad Division considered the grounds of challenge against the cancellation order. He has found that large number of card holders (the names and card numbers are given in the appellate order) were not distributed kerosene oil. The entries on the ration cards were incomplete. The Commissioner has confirmed the findings that the appellant had shown the distribution of kerosene oil without actually distributing the same for which complaints were made by Shri Ajay Veer Singh, Smt. Kalawati, Shri Mahesh Prasad and others on 30.7.2002. It was also found that out of 465 the 343 cards were found to be fraudulent, and that the stock and sale registers were not produced. The submission that the supplementary charge-sheet was not received by the petitioner was also considered. The Commissioner found that the supplementary charge-sheet was issued on 23.8.2006 to give reply within three days. The petitioner read the supplementary charge-sheet and refused to accept the same, on which the supplementary charge-sheet was served by the Supply Inspector on 30.8.2006 by affixation. The petitioner did not give any reply to the supplementary charges.

5. Learned Counsel for the petitioner submits that there is large scale corruption in the office of the Addl. District Magistrate, Civil Supplies, and the District Supply Officer, Allahabad. There are thousands of bogus cards and that unless the shop keeper would pay the bribe, he cannot survive. The inspection was made in a great hurry. The inspecting party could not have inspected thirteen shops in just two hours.







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