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D. Y. CHANDRACHUD, P. K. S. BAGHEL, SUNEET KUMAR
URMILA DEVI – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble Dr. D.Y. Chandrachud, C.J.—The present reference to the Full Bench has been occasioned by an order of the Division Bench dated 3 November 2014. Before we set out the issues which have been referred for adjudication by the Full Bench, a brief reference to the background in which the reference arose would be in order.
2. Clause 3 of the Uttar Pradesh Scheduled Commodities Distribution Order, 2004 (Control Order) provides that with a view to effecting a fair distribution of scheduled commodities, the State Government may issue directions under Section 3 of the Essential Commodities Act, 1955 (the Act) to set up such number of fair price shops in an area and in the manner as it deems fit. Clause 4 requires that a fair price shop be run through such person and in such manner as the Collector, subject to the directions of the State Government, may decide. A person appointed to run a fair price shop under sub-clause (1) acts as an agent of the State Government. Moreover, under sub-clause (3), a person so appointed is required to sign an agreement, as directed by the State Government, regarding the running of a fair price shop in terms of the draft appended to the Control O
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
The competent authority has the power to restore the authorization of a fair price shop dealer after suspension, and a temporary dealer has no locus standi to challenge the restoration of the authori....
Suspension of fair price shop authorization requires adherence to principles of natural justice, including proper enquiry and reasoned decisions.
since the suspension was during pendency of the inquiry initiated against the petitioner and a final order was passed, the petition became infructuous and this Court need not advert to various conten....
Public distribution system – Cancellation of licence - Cancellation of Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority o....
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