Allahabad High Court
Brij Pal Singh vs Dy. Commissioner Food Mordabad ... on 17 September, 2019
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - C No. - 63404 of 2007 Petitioner :- Brij Pal Singh Respondent :- Dy. Commissioner Food Mordabad Division And Others Counsel for Petitioner :- Shakti Dhar Dube,Neeraj Dube Counsel for Respondent :- C.S.C.,Atul Sisodia,H C Dwivedi,Rajiv Sisodia Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition impugns the orders passed by the respondent cancelling the fair price shop licence held by the petitioner. The proceedings themselves emanated upon various complaints being made against the working of the petitioner and the distribution of essential commodities to the residents of the village in question. Faced with those complaints, the petitioner was called upon to show cause. Upon receipt of his reply to the notice and after taking into consideration the nature of complaints which were made, the Licensing Authority proceeded to cancel the licence held by the petitioner. That order has been affirmed in appeal.
Before this Court, Sri S.D. Dube, learned counsel for the petitioner has principally placed reliance upon a decision rendered by the Full Bench of the Court in [Puran Singh Vs. State of U.P. & Ors., 2010 (3) ADJ 659] to submit that a full fledged enquiry which is mandated to be held must necessarily be understood to mean recordal of the statement of the complainants in the presence of the petitioner and a right to counter those statements. However, as this Court reads the decision rendered by the Full Bench, no such principle stand enunciated therein. At least no such observation has been made by the Full Bench which may even remotely support the proposition formulated by Sri Dube. Learned counsel for the petitioner has then referred to the procedure prescribed in the Government Order and noted in the decision of the Full Bench as well as a learned Judge of the Court in Writ-C No. 40584 of 2013 Mahesh Chandra Vs. Commissioner Moradabad Division and another to contend that even in terms of these Government Orders, it was incumbent upon the respondents to hold an enquiry in the presence of the petitioner. However, despite being repeatedly asked he failed to show any clause in these Government Orders which mandated such a procedure being adopted or followed. The Court notes that both in the impugned orders as well as in the counter affidavit, it has been disclosed that various villagers and residents had recorded their statements in support of the allegations against the petitioner for overcharging them for supply of essential commodities. Bearing in mind the nature of the complaints which were made, the Court finds no ground warranting interference in the order impugned.
The writ petition fails and is dismissed.
Order Date :- 17.9.2019 LA/-