MANJU RANI CHAUHAN
Lakkhi Sonkar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Manju Rani Chauhan, J.)
1. No one has appeared on behalf of the respondent no.5 even in the revised call.
2. Heard Mr. Rajesh Kumar Singh, learned counsel for the petitioner, Mr. Dinesh Kumar Singh, learned counsel for the respondent no.6 and Mr. Vijay Prakash Mishra, learned Standing Counsel for the State-respondents.
3. The petition has been filed with a prayer to quash the impugned order dated 14.03.2023 passed by the respondent no. 2 Additional Commissioner whereby the appeal filed by respondent no. 6 against order cancelling his fair price shop license, has been allowed.
4. Brief facts of the case are that respondent no. 6 namely Sohrab was appointed as Fair Price Shop Agent for the Gram Panchayat Chaurikhas Block, Tehsil & District Bhadohi. On a complaint made on behalf of fair price shop card holders, inspection was carried out on 06.05.2020 wherein surplus stock of 89 bags of wheat, each of 50 kg. and 96 bags of rice, each of 50 kg. was found. Such excess stock of wheat and rice was not in consonance with the stock register. At the time of inspection card holders, namely, Kuraisa wife of Sama, Shayra Bano wife of Jafar, Pratibha Dube wife of Onkarnath, Geeta wife of
Jashbhai Motibai Desai Vs. Roshan Kumar, Haji Bashir Ahmad and others
Dharam Raj Vs. State of U.P. 2009 0 Supreme(All) 2594
Sriram Prasad Vs. State of U.P. 2015 0 Supreme(All) 1660
The main legal point established in the judgment is that a complainant, as a person annoyed, does not have the legal right to challenge a decision and is only entitled to participate in the inquiry p....
A person must demonstrate a legal grievance to maintain a writ petition; mere disappointment does not confer locus standi.
Point of law: Only aggrieved person, who has participated in the process of allotment of fair price shop can file appeal.
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 ....
Harm or the pecuniary loss which would be occasioned to the petitioners cannot be regarded as wrongful in the eye of law because it does not result in an injury to a legal right or a legally protecte....
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....
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.
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