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CHANDRA KUMAR RAI
Arvind Kumar Pandey – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Chandra Kumar Rai, J.)
1. Heard Mr. Kamla Kant Mishra, learned counsel for the petitioner, Mr. Surya Bhan Singh, learned Standing Counsel for the State-respondents, Mr. Rameshwar Prasad Shukla for respondent no.5 and Mr. Rishi Kant Rai for proposed respondent no.6-Smt. Garima Pandey.
2. Brief facts of the case are that petitioner was granted license to run the fair price shop in Village-Rampur, Block-Rewati, Tehsil-Bairia, District-Ballia. Smt.Gunja Pandey-Gram Pradhan filed a complaint against the petitioner before the District Magistrate in respect of running the fair price shop by the petitioner, accordingly, an inquiry was conducted by District Supply Officer, Rewati, Ballia and vide order dated 27.05.2017 the fair price shop license of the petitioner was suspended. In pursuance of suspension order an explanation was called from the petitioner accordingly, reply was submitted by the petitioner on 22.6.2017 along with affidavit of card holders, statements, proof of distribution of essential commodities to the card holders and registration etc. Respondent No.4/ District Supply Officer, Ballia, vide order dated 25.07.2017, cancelled the fair price shop license of the pe
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 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 ....
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....
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 cancellation of a fair price shop dealer's authorization without conducting a proper enquiry is illegal and arbitrary, and violates the principles of natural justice and the provisions of the APS....
The cancellation of a fair price shop dealer's authorization must adhere to natural justice and inquiry procedures, ensuring a fair hearing and proper assessment of justifications.
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.
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