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CHANDRA KUMAR RAI
Dharmendra Gupta – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1.Supplementary affidavit filed on behalf of petitioner is taken on record.
2. Heard Mr. Avdhesh Kumar, learned counsel for the petitioner, Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents.
3. The writ petition is being heard finally without inviting counter affidavit with the consent of learned counsel for the parties.
4. Brief facts of the case are that petitioner was granted license for fair price shop in the year 2008 and petitioner was accordingly distributing the essential commodities to the cardholders according to the provisions contained under Uttar Pradesh Essential Commodities (Regulation of Sale & Distribution Control) order 2016. He submitted that a misconceived complaint was entertained without following the prescribed procedure under the Government Order dated 5-08-2019 and license of fair price shop of the petitioner has been suspended vide order dated 17-05-2024 hence this writ petition filed for the following reliefs:
Suspension of fair price shop license was arbitrary as it violated prescribed procedures, warranting judicial intervention despite alternative remedies.
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 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 ....
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.
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.
A suspended license under the Assam Public Distribution of Articles Order must have timely cancellation proceedings initiated within 90 days; otherwise, the suspension becomes invalid.
Indefinite suspension of a fair price shop dealer without a concluded inquiry violates natural justice and statutory provisions.
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