Lakkhi Sonkar vs State Of U.P. And 5 Others on 18 September, 2023
16. The license of the Fair Price Shop is issued u/s 3 of the Essential Commodities Act 1955, and Fair Price Shop owner acts as an agent of the Government to run a Fair Price Shop. The Uttar Pradesh Government in exercise of power u/s 3 of the Essential Commodities Act promulgated Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) order 2016. In clause 8 of Control order 2016, the procedure for disbursement of the foodgrains to the ration card holder has been provided. Sub-clause 7 of the clause 8 order 2016, speaks that competent authority shall take prompt action in respect of violation of any condition of license including any irregularity committed by the fair price shop owner, which may include suspension or cancellation of the fair price shop owner's license. The right of appeal and the person who is entitled to file the appeal has been provided in Clause 13 of order 2016. Learned Standing Counsel further submits that it is clearly provided that against the order of suspension, cancellation or restoration of the fair price shop license, the ration card holder or any other person does not have any right to file the appeal. Thus such person does not come under the definition of the aggrieved persons. Placing reliance upon the judgment passed by this Hon'ble Court in Case of Saavan Sri Vs. State of U.P. 2022(V)ADJ 347, learned Standing Counsel submits that the complainant has no right to file the appeal against revocation of suspension or denying the cancellation of Fair Price Shop license. The right of appeal has been given with respect to orders of denial or renewal of agreement to a fair price shop owner or an order of suspension or an order of cancellation of agreement of Fair price Shop. No other order or further orders has been made appealable. Thus an order of revocation of suspension of Fair Price Shop agreement is not appealable under Clause 13(3) of the Control Order 2016.