Allahabad High Court
Kishun vs State Of U.P. And 3 Others on 18 November, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Court No. - 71 Case :- WRIT - C No. - 18643 of 2020 Petitioner :- Kishun Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Saran Counsel for Respondent :- C.S.C.,Vinay Kumar Pathak Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State-respondent, Sri Dilip Kumar Srivastava, learned counsel for the subsequent allottee and Sri Vinay Kumar Pathak, learned counsel for the complainant.
The present writ petition has been preferred assailing the orders impugned 23.7.2020 passed by the second respondent and the orders dated 22.5.2019 and 27.6.2019 passed by the third respondent.
Learned counsel for the petitioner vehemently contended that the petitioner is a fair price shop dealer and on account of alleged complaint under Sections 420, 467, 468, 471, 409 I.P.C. and 3/7 of E.C. Act, his license was suspended by the order impugned dated 22.5.2019 passed by the third respondent and subsequently, the same was cancelled by order impugned dated 27.6.2019 passed merely on the ground of pendency of aforesaid criminal case. Against the said cancellation order, the petitioner has preferred a statutory appeal which was dismissed by the appellate authority/second respondent by order dated 23.7.2020 on the ground of delay of 8 months. He further submits that the petitioner could not file the statutory appeal well within time. The same is beyond his control as the F.I.R. was lodged in which he was sent to jail and finally he was enlarged on bail. Therefore, in the aforesaid circumstances, the statutory appeal has been preferred with some delay. He lastly submits that in catena of decisions of this Court, the fair price shop license has been restored wherein the license was cancelled merely on the basis of solitary F.I.R. Hence, in the interest of justice, the direction may be issued to the appellate authority to decide the appeal on merits of the case.
This Court is also of the opinion that mere filing of a F.I.R. cannot result in holding a fair price shop owner guilty of the offences charged. In Jagdish Narain Mishra Vs. State of U.P. (Civil Misc. Writ Petition No. 28051 of 2008), this Court while allowing the writ petition on 30.10.2009 has proceeded to observe as under:
"Despite advancing lengthy arguments, learned standing counsel has failed to bring to the notice of the Court any provision either under the Essential Commodities Distribution Order, 2004 or under any other Government Order issued either under the 2004 order or 1990 order empowering the Licensing Authority to cancel a fair price shop agreement merely on account of a dealer being involved in a criminal case. Hence the cancellation of the petitioner's agreement on the ground of his involvement in aforesaid criminal case under the Essential Commodities Act is also unsustainable. "
Similar view has also been taken by the Division Bench of this Court in Raj Kumari Vs. State of U.P. and Ors. 2011 LawSuit(All)834.
The Court has also occasion to peruse the appellate order and finds that no doubt the appellate authority has proceeded to dismiss the appeal on the ground of laches. As such, in the interest of justice, the Court is also of the considered opinion that the said appeal is liable to be decided on merits of the case ignoring the laches.
Accordingly, the order impugned dated 23.7.2020 is set aside. The matter is relegated to the appellate authority to proceed on the merits of the case and decide the appeal expeditiously but certainly after affording opportunity to the parties and the parties shall also ensure that any unnecessary adjournment is not being sought for.
With the aforesaid, the present writ petition stands disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.11.2020 A.K.Srivastava