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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Jaspreet Singh,J.
Mohd. Mustkeem – Appellant
Versus
State Of U.P. Thru Secy. Food U.P. Govt. Civil Sectt. – Respondent
| Table of Content |
|---|
| 1. court's analysis of the legal principles and evidence. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 58 , 59) |
| 2. final dismissal of the petition. (Para 60) |
JUDGMENT :
Jaspreet Singh, J.
1. The present dispute emanated in the year 2007 and it has a checkered background.
2. The petitioner was accorded a license on 19.11.2005 for distribution of essential commodities through a fair price shop in village Panchayat Dilawarpur, Tahsil Mohammadi, District Kheri.
3. On 15.10.2007, the Sub Divisional Magistrate Mohammadi Kheri noticing certain discrepancies regarding the distribution of essential commodities suspended the license of the petitioner and required him to show cause within a week as to why further proceedings may not be taken against the petitioner.
4. As per the suspension order cum show cause notice, it was alleged that the petitioner had lifted the requisite quota of the food and essential commodities for the month of October 2007 on 26.09.2007. However, it was alleged that the appointed supervising officer on 07.10.2007 submitted his report and informed that he had visited the fair price shop of the petitioner where he was not a
The court affirmed that a licensee does not possess a fundamental right to operate a fair price shop and that the inquiry process regarding license cancellation is summary in nature, aligning with pr....
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.
The judgment established that a summary inquiry for the cancellation of a fair price shop license does not require the supply of the inquiry report to the licensee or a detailed hearing, and that the....
A dealer is bound by the license/agreement and violation of any of the conditions of the agreement leads to suspension/revocation of his license.
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.
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.
Point of law: A contract wherein the beneficiary is the common man/people of the village who would receive the food-grains at subsidized rates out of taxpayers money. The license is a privilege arisi....
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