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SAUMITRA DAYAL SINGH
Maya Devi – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Vishal Tandon along with Sri Mahendra Singh, learned counsel for the petitioner and learned Standing Counsel.
2. Sri Junaid Alam, learned counsel is also present. He has instructions from the complainant. His request for adjournment has been declined as the complainant is neither a party impleaded in the petition not there is any application for impleadment.
3. Present petition has been filed by the petitioner against the order dated 19.06.2021 passed by the Sub-Divisional Officer, Tehsil Tamkuhiraj, District Kushinagar whereby the said authority had cancelled the petitioner's fair price shop agreement for the Village Patherwa. The appeal filed by the petitioner to challenge the aforesaid order, has also been dismissed by the Joint Commissioner (Food & Civil Supply), Gorakhpur Division, Gorakhpur vide order dated 02.11.2021.
4. Brief facts giving rise to the present petition are, the petitioner who is a member of OBC, along with the complainant Sanjay applied for grant of a fair price shop at Village Patherwa. In that, the petitioner was successful. Allotment of the said fair price shop was made in her favour on 31.12.2016. After passage of almost three years
Cancellation of fair price shop agreement should be based on evidence and material on record, not on presumptions and conjectures.
The main legal point established is that administrative decisions, especially those leading to punitive actions, must be based on a full and proper enquiry, and charges not confronted with the accuse....
The main legal point established in the judgment is the requirement for a full and proper inquiry before the cancellation of a license, adherence to rules of natural justice, and the importance of gi....
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.
Point of Law : Proceedings for cancellation on a charge of short distribution or short measurement is a stigmatic order that visits a fair price shop dealer with adverse civil consequences. It impact....
Point of law: A contract wherein the beneficiary is the common man/people of the village who would receive the food-grains at subsidized rates out of taxpayers money. The license is a privilege arisi....
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.
Quasi-judicial authorities must provide adequate reasons for rejecting replies or explanations and conduct proper enquiries and stock verifications before taking drastic actions.
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