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ALOK MATHUR
Ram Devi – Appellant
Versus
State Of U. P. Thru. Its Prin. Secy. Food And Civil Supplies, Lko. – Respondent
JUDGMENT :
Alok Mathur, J.
1. Heard Ms. Savita Jain, learned counsel for petitioner, learned Standing Counsel for the State/respondent no. 1 to 3 and perused the material available on record.
2. By means of the present writ petition, the petitioner has assailed the validity of the order dated 28.03.2018 passed by the Sub Divisional Magistrate, Mishrikh, District Sitapur whereby he has cancelled the fair price shop licence of the petitioner. The petitioner has also assailed the order dated 21.01.2022 passed by the Joint Commissioner (Food), Lucknow Division, Lucknow wherein the appeal preferred by the petitioner against the order of the Sub Divisional Magistrate has been dismissed.
3. It is the case of the petitioner that the petitioner was appointed fair price shop licensee for Village Panchayat Kanduwapur, Tehsil Mishrikh, District Sitapur. It has also been stated that there was no complaint against the petitioner. The petitioner is running fair price shop for several years. Subsequently certain complaints were made against the petitioner levelling allegations regarding not giving the quantity of food-grains to which the villagers were entitled and also charging more than was due to b
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 Sub-Divisional Magistrate must make new findings based on evidence presented after a Supreme Court remand, not rely on past decisions, ensuring compliance with principles of natural justice.
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....
The existence of an alternative statutory remedy precludes the court from intervening under Article 226 of the Constitution.
License of fair price shop was cancelled only on the ground of lodging of FIR as well as pendency of criminal case. Apart from that there is no allegation with regard to black marketing or misuse of ....
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 ....
The court upheld the cancellation of the petitioner’s fair price shop license due to violations of the Essential Commodities Act, confirming the necessity of a reasonable opportunity to be heard.
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