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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI
Rajendra Prasad Tiwari – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Ms. Saima Khan, learned counsel for the review applicant and Sri Rahul Shukla, learned Additional Chief Standing Counsel alongwith Sri Alok Srivastava, learned Standing Counsel for the State of U.P. representing the respondents no. 1, 2 & 3.
2. By means of instant application, the applicant is seeking review of a judgment and order dated 07.01.2026 passed by this Court dismissing Writ- C No. 41 of 2026, which was filed by the review applicant/petitioner challenging the validity of an order dated 21.05.2019 passed by the Sub- Divisional Magistrate, Ambedkar Nagar canceling the fair price shop license of the petitioner, which order had been affirmed by means of an order dated 08.12.2025 passed by the Deputy Commissioner, Ayodhya Division, Ayodhya in appeal filed by the petitioner under Para 13(3) of U.P. Essential Commodities(Regulation of Sale and Distribution) Order, 2016.
3. The learned Additional Chief Standing Counsel has raised a preliminary objection that the writ petition had been filed through Sri Ajay Kumar Pandey, Advocate and the aforesaid counsel had advances submissions in support of the writ petition. The review application has bee
Review applications cannot substitute appeals and must adhere to strict limitations, focusing solely on apparent errors without introducing new arguments or counsel.
The court reinforced that review petitions are not an opportunity to re-argue cases or appeal decisions already made unless clear, patent errors exist.
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.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
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....
The dismissal of a writ petition due to the petitioner's repeated non-appearance in hearings illustrates the necessity of adherence to principles of natural justice in administrative proceedings.
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 ....
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.
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