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SAUMITRA DAYAL SINGH
Harendra Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri K.N. Rai learned counsel holding brief of Sri Sanjay Singh learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
2. Present writ petition has been filed by the fair price shop agent to assail the order dated 26.6.2012 passed by the licensing authority cancelling his fair price shop agreement at village Tola Rishal Rai, Police Station Bairia, Post Chand Diara, Block Murli Chhapra, Tehsil Bairia, District Ballia as affirmed by the order of the appeal authority dated 17.3.2016 in Appeal No. 417 (Harendra Vs. SDM, Ballia).
3. Short submission advanced by learned counsel for the petitioner is, the proceedings for suspension and cancellation of the fair price shop agreement were undertaken on a third party seizure. In that, a vehicle bearing registration No. UP60-B-2283 was seized by the State authorities on 30.5.2011 at about 10.00 p.m. Twenty quintals of wheat and three quintals of sugar were found loaded. It further transpires that on query made the purchaser Chhatti Lal son of Rajeshwar Saah informed the State authorities that the aforesaid goods had been purchased by him from the present petitioner and that the goods w
Quasi-judicial authorities must provide adequate reasons for rejecting replies or explanations and conduct proper enquiries and stock verifications before taking drastic actions.
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....
Cancellation of fair price shop agreement should be based on evidence and material on record, not on presumptions and conjectures.
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 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....
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....
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 the requirement for proper enquiry and opportunity of personal hearing as mandated by the Control Order, 2018, and the violation of principles of n....
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