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G. S. AHLUWALIA
KRISHNA KUMAR SINGH – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:
(ii) Any other relief which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be issued in favour of the petitioner.”
2. It is submitted by Shri Singh that petitioner is running the Government Fair Price Shop at village Barigawa allotted under the M.P. Public Distribution System (Control) Order 2015. An inspection was carried out in the Fair Price Shop, Barigawa No. 1 on 18-3-2021 and it was found that stock of goods was less and it was presumed that petitioner was involved in black marketing. Accordingly, order dated 2-6-2021 was passed and a direction was given to recover the loss as well as the Fair Price Shop, Barigawa No. 1 was suspended.
3. Being aggriev
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.
The main legal point established in the judgment is the importance of approaching the court with clean hands and the consequences of suppression of material facts.
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.
Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority or a Court or administrative authority is mandatory. In the absence of r....
The court confirmed that an FIR under the Essential Commodities Act does not require a Collector's recommendation, and accused have no right to be heard prior to FIR registration.
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 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 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 ....
since the suspension was during pendency of the inquiry initiated against the petitioner and a final order was passed, the petition became infructuous and this Court need not advert to various conten....
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