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SAUMITRA DAYAL SINGH
Premlata Devi – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. List revised. None appears for respondent no.3 whereas Shri Vishal Tandon, learned counsel for the petitioner and learned Standing Counsel for the State-respondents are present.
2. None appears to press the C.M. Impleadment Application No.2 of 2018. It is accordingly dismissed for want of prosecution.
3. C.M. Amendment Application No. 14 of 2021 has already been allowed today, by a separate order.
4. Challenge has been raised to the order dated 22.5.2018 passed by espondent no.2/Sub Divisional Officer, Kaptanganj, District -Kushinagar. Thereby, the Licensing Authority has again passed an order cancelling the petitioner's fair price shop license for Gram Sabha Sindhawat, Block Ramkola, Tehsil Kaptanganj, District Kushinagar.
5. Having heard learned counsel for the parties and having perused the record, it transpires, the petitioner's fair price shop license was earlier cancelled by order dated 2.6.2017. That order was challenged unsuccessfully in appeal. The matter reached this Court in Writ -C No. 61636 of 2017 (Smt. Premlata Devi vs. State of U.P. & 3 Ors.). That writ petition was allowed with the following observation:
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.
Cancellation of fair price shop agreement should be based on evidence and material on record, not on presumptions and conjectures.
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.
The main legal point established in the judgment is the requirement for the Licensing Authority to provide reasoned decisions, consider specific pleas and evidence, and adhere to principles of natura....
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 ....
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