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IN THE HIGH COURT OF ALLAHABAD
VIVEK CHAUDHARY, ABDUL MOIN, Dilip B.Bhosale
Bajrangi Tiwari – Appellant
Versus
Commissioner Devi Patan Mandal Gonda – Respondent
| Table of Content |
|---|
| 1. referencing questions of law for consideration. (Para 1 , 4) |
| 2. summary of differing opinions in prior judgments. (Para 2) |
| 3. factual background and relevant government orders. (Para 3 , 5 , 6 , 7) |
| 4. analysis of judicial interpretations concerning firs and license cancellation. (Para 9 , 10) |
| 5. observations on the exercise of discretion in administrative law. (Para 11 , 12 , 13) |
| 6. final answers provided to the referred questions. (Para 14) |
| 7. matter referred back to learned single judge. (Para 15) |
JUDGMENT :
1. Following questions of law are referred by learned single Judge, by order dated 8.2.2017, for consideration before the Larger Bench and, hence, same are placed before this Court:-
"1. Whether the fair price shop licence can be cancelled merely on lodging of a criminal case against the licencee?; and
2. Whether, while passing any such order the Government Order dated 17.8.2002, particularly para-10 of said Government Order would be applicable/considered or not?"
2. Learned Single Judge in the Reference Order found, that by judgment passed in Writ-C No.1766 of 2011 ( Smt. Raj Kumari Singh. Vs. State of U.P. and others .) the High Court held that merely upon lodging o
Licenses for fair price shops cannot be cancelled solely based on the lodging of an FIR against the licensee; due process and inquiry must be followed.
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 existence of an alternative statutory remedy precludes the court from intervening under Article 226 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.
Licensing Authority must provide specific reasons in cancellation orders; non-speaking orders violate principles of natural justice and are unsustainable in law.
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 license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
![Saha Alom Laskar, Fair Price Shop Dealer [Licence No. 2645] C/o The Secretary, M/s Mongalpur-Bowalihawar Cooperative Society Ltd. Cachar, Silchar VS State of Assam To be Represented by the Commissioner and Secretary To the Government of Assam, Food and Civil Supplies and Consumers Affairs Department, Dispur, Guwahati - 2023 Supreme(Gau) 231](https://supremetoday-s3.b-cdn.net/Gauhati_2.png)
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