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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN KUMAR
Shahin Begum – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. nature of the petition and its purpose. (Para 1 , 2) |
| 2. background of the allegations against the petitioner. (Para 3 , 4 , 5 , 6) |
| 3. arguments by petitioner referencing prior judgments. (Para 7 , 8 , 9) |
| 4. court's observations on e-pos machine operations. (Para 10 , 15 , 16) |
| 5. final ruling and dismissal of the petition. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
Arun Kumar, J.
1. Heard Sri Vishal Tandon, learned counsel for the petitioner, Sri Sanjeev Singh, learned Additional Advocate General, assisted by Sri Surya Bhan Singh, learned Standing Counsel for the State respondents and Sri Ram Bahadur Singh, learned counsel for the respondent no.7.
2. The present petition has been filed by the petitioner, Smt. Shahin Begum (as petition on behalf of other petitioner nos.2 to 10 has already been withdrawn), challenging the order of respondent no.6, dated 10.01.2019, cancelling the fair price shop dealership of the petitioner and the order of the respondent no.3, dated 02.09.2019, dismissing the appeal filed by her.
3. It is contended by the counsel for the petitioner that the Food Commissioner, U.P. Lucknow, issued a communication dated 21.08.2018 to the District Supply Officers of
Cancellation of fair price shop dealership requires adherence to due process, including a preliminary inquiry proving allegations of misconduct, as mere registration of an FIR is not sufficient to es....
Point of Law : The system was foolproof and once authentication was done by the Competent Authority, no change can be made in the details feeded in the Machine.
exercise of the power by the 2nd respondent in cancelling the authorizations of the petitioners by setting aside the order passed by the RDO restoring the authorizations is found to be justified.
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....
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 cancellation of a Fair Price Shop dealer's authorization must follow due process, including a fair inquiry and provision of reasons, as mandated by the Control Order, 2018.
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.
Public distribution system – Cancellation of licence - Cancellation of Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority o....
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....
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