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SUBHASH VIDYARTHI
Rajesh – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. , Food And Civil Supplies, Lucknow – Respondent
JUDGMENT :
(Subhash Vidyarthi J.) :
1. Heard Shri R.K. Srivastava, learned counsel for the petitioner, Shri Pratyush Tripathi, learned Additional Chief Standing Counsel and Shri M.B. Tiwari, learned counsel for the respondent No.4.
2. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of an order dated 16.04.2024 passed by Additional Commissioner (Food), Ayodhya Division, Ayodhya, whereby Appeal No.2400 of 2017 filed by the respondent No.4 under Clause 13(3) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order 2016 has been allowed and an order dated 13.04.2013 passed by the SDM, Haidergarh, Barabanki cancelling the Fair Price Shop Agreement of the respondent No.4 has been set-aside.
3. The order dated 16.04.2024 has been challenged on the ground that after cancellation of the Fair Price Shop Agreement of the respondent No.4 on 13.04.2016, the Fair Price Shop in question was allotted to the petitioner by means of an order dated 03.09.2022 passed by the SDM, Haidergarh, Barabanki, yet the appeal was allowed without impleading the petitioner and without giving him an o
Subsequent allottees of fair price shops must be heard in appellate proceedings; failure to do so violates their rights and is contrary to established legal principles.
(1) Impleadment of necessary party in suit – If a necessary party is not impleaded, suit itself is liable to be dismissed.(2) Non-disclosure of relevant and material documents with a view to obtain u....
The subsequent allottee has the right to be heard and make submissions defending the cancellation order, even if they do not have an independent right.
Point of law: Only aggrieved person, who has participated in the process of allotment of fair price shop can file appeal.
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 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.
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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