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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Vikram D. Chauhan,J.
Ram Sajiwan Kori – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. court hears arguments from both parties. (Para 1) |
| 2. petitioner's fair price shop license was suspended and cancelled without proper opportunity. (Para 2 , 3) |
| 3. supreme court remanded the matter for fresh consideration by the sdm. (Para 4 , 12) |
| 4. petitioner argues prior findings should not be considered; new evidence was ignored. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 5. court sets aside previous orders and remands for fresh decision. (Para 14) |
| 6. sub-divisional magistrate to decide matter afresh within three months. (Para 15) |
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard Sri Vijay Kumar Pandey and Sri Ram Kinkar Shukla, learned counsels for the petitioner, Sri Himanshu Shekhar, learned counsel for respondent no.6 and learned Standing Counsel for the State respondents.
2. It is submitted by learned counsel for the petitioner that originally the petitioner was the holder of a fair price shop licence. The fair price shop licence was suspended on 25.3.2006 by the order of the Sub-Divisional Magistrate, Lalganj, Pratapgarh. Against the order dated 25.3.2006, the petitioner had preferred an appeal before the appellate authority challenging the suspension order. While the aforesaid a
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.
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.
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.
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 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.
Point of law: Suspension and cancellation order - Powers of District Supply Officer to pass suspension and cancellation order in given entire district are unfettered and he is not required to take pr....
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 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.
(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....
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