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VIVEK CHAUDHARY
Priyanka – Appellant
Versus
State of U. P. Thru Prin. Secy. Food and Civil Supplies LKO. – Respondent
JUDGMENT :
1. Heard Mr. Abhishek Singh, Advocate holding brief of Mr. Birendra Pratap Singh, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 to 5 and Mr. Sudhir Kumar Singh, learned counsel for respondent no.6.
2. The petitioner, who is a fair price shop licensee, has approached this Court challenging the order dated 03.10.2019 passed by respondent no.3, whereby her appeal is rejected, and order dated 31.01.2017 passed by respondent no.4 by which license of her fair price shop was cancelled.
3. Learned counsel for respondent no.6 claims that respondent no.6 was granted license after the license of petitioner was cancelled. He submits that he has a right to oppose the present writ petition as now he is holding a license for the area concerned. He further submits that petitioner could not have been granted the license as she is not competent to hold license and, thus, raised a preliminary objection.
4. Opposing the same, learned counsel for petitioner submits that respondent no.6 was granted permission only as an alternative arrangement, till the dispute with regard to license of the petitioner is decided. Reference is made to the letter dated 02.06.2016
The subsequent allottee has the right to hold the shop only if the original licensee's license is cancelled. Procedural compliance and consideration of documentary evidence over oral statements are c....
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.
Fair price shop licenses cannot be cancelled without conducting a proper inquiry and adhering to principles of natural justice, including providing a show cause notice and opportunity to respond.
The Sub-Divisional Magistrate must make new findings based on evidence presented after a Supreme Court remand, not rely on past decisions, ensuring compliance with principles of natural justice.
A fair price shop license cannot be cancelled without affording a reasonable opportunity to the licensee to defend against the allegations in accordance with the principles of natural justice.
The cancellation of a fair price shop licence without granting a personal hearing violates the principle of natural justice under Article 14 of the Constitution.
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 judgment established that a summary inquiry for the cancellation of a fair price shop license does not require the supply of the inquiry report to the licensee or a detailed hearing, and that the....
A complainant has no right to file a revision petition under section 22A of the Rajasthan Foodgrains & Other Essential Articles (Regulations of Distribution) Order, 1976.
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