High Court
Case Details
Court No. - 40 Case :- WRIT - C No. - 31927 of 2013 Petitioner :- Smt. Prabhawati Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.K. Tripathi,Anupama Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Manjive Shukla,J.
Legal Reasoning
Heard Sri Amit Saxena, learned Senior Advocate assisted by Sri Rakesh Kumar Tripathi, appearing for the petitioner and Sri Durga Tiwari, learned Standing Counsel for the State respondents. By means of this petition, the petitioner has sought following reliefs:- "(I) A writ, order or direction in the nature of certiorari and quash the impugned order dated 15.05.2013 passed by Sub Divisional Magistrate, Pindra, Varanasi cancelling the license of petitioner (Annexure No.1 to this writ petition). (II) A writ, order or direction in the nature of mandamus commanding the respondent no.3 (District Supply Officer, Varanasi) not to allot the fair price shop of petitioner to any other third party. (III) A writ, order or direction in the nature of mandamus commanding the respondent no.3 (District Supply Officer, Varanasi) to restore supply of essential commodity in respect to license." It appears from record that the petitioner is a fair price shop dealer of Village Puari Kala, Development Block Harahua, District Varanasi. Since the date of allotment, she is distributing essential commodities to the card holders as per guidelines and directions issued by the authority from time to time and her work and conduct is satisfactory. No complaint has ever been made against the petitioner regarding irregularities in distribution of essential commodities by the valid ration card holders till date. All of sudden the licence of the petitioner was suspended on 15.1.2013 on the ground that the CBCID conducted an enquiry against the fair shop keepers of Block Harahua, District Varanasi and submitted the enquiry report, wherein it was alleged that the fair price shop dealers of Block Harahua have received the bank pay orders from Kashi Gomti Sanyukt Gramin Bank, Bharlai, which were prepared in the name of other fair price shop dealers and as such, they have violated the terms and conditions of the agreement. It was recommended that the licences of the fair price shop keepers mentioned in the report be cancelled. Finally, by the impugned order dated 18.5.2013, the Sub Divisional Magistrate, Pindra, District Varanasi (respondent no.2), without considering the explanation given by the petitioner and without perusing the evidence on record, has cancelled the fair price shop licence of the petitioner. Initially, the matter was taken up on 30.5.2013 and on the said date, the Court had proceeded to pass following interim order:-
Decision
"Petitioner's case in the writ petition is that the petitioner fair price shop agreement has been cancelled on the allegation that the petitioner got pay orders prepared in the name of other quotedars in violation of Government order dated 15.1.2004. After receiving show cause notice the petitioner asked for copy of the CBCID report which was the basis of show cause notice, the petitioner was informed that the report can not be provided to him . Subsequently, the impugned order has been passed cancelling the fair price shop of the petitioner. The petitioner's case is that the order has been passed in violation of principles of natural justice, since the petitioner has not been provided copy of CBCID report. Learned counsel for the petitioner submits that he has subsequently obtained copy of the report in which it is clearly mentioned that the quotedars have not denied lifting of the food grains in pursuance to the pay order. We are of the view that the petitioner has made out a prima facie case for grant of interim relief. List in the second week of July, 2013 in the mean time the order dated 18.5.2013 shall remain stayed." Again the matter was taken up on 06.11.2013 and the interim order was further extended as under:- "Petitioner's case in the writ petition is that the petitioner fair price shop agreement has been cancelled on the allegation that the petitioner got pay orders prepared in the name of other quotedars in violation of Government order dated 15.1.2004. After receiving show cause notice the petitioner asked for copy of the CBCID report which was the basis of show cause notice, the petitioner was informed that the report can not be provided to him . Subsequently, the impugned order has been passed cancelling the fair price shop of the petitioner. The petitioner's case is that the order has been passed in violation of principles of natural justice, since the petitioner has not been provided copy of CBCID report. Learned counsel for the petitioner submits that he has subsequently obtained copy of the report in which it is clearly mentioned that the quotedars have not denied lifting of the food grains in pursuance to the pay order. We are of the view that the petitioner has made out a prima facie case for grant of interim relief. List in the second week of July, 2013 in the mean time the order dated 18.5.2013 shall remain stayed." In this backdrop, Sri Amit Saxena, learned Senior Advocate appearing for the petitioner submits that the petitioner's fair price shop agreement has been cancelled on the allegation that the petitioner got pay orders prepared in the name of other fair price shop dealers in violation of Government order dated 15.1.2004. It is submitted that the petitioner has not violated any provisions of Government orders dated 20.2.1990 and 15.1.2013. She has not lifted the quota of any other fair price shop keeper and without affording any opportunity of hearing the licence of fair price shop of the petitioner has been cancelled, which violates the principle of natural justice. He further submits that even though the enquiry was conducted by the CBCID in which the petitioner was not chargesheeted. No competent criminal court has taken any cognizance against the petitioner. He submits that in the present matter, an interim order was accorded by this Court in favour of the petitioner on 30.5.2013 staying the impugned order dated 18.5.2013. The said interim order was further extended by this Court on 6.11.2013 directing that until further orders of the Court, interim order dated 30.5.2013 shall remain in operation. On the strength of the aforesaid interim order, the petitioner was permitted to lift the quota and she has never flouted the terms and conditions of the agreement. She is smoothly running the fair price shop in question and the authority has not taken any further action in the matter on account of any other complaint. So far as factual and legal aspect of the matter is concerned, the same is not disputed by learned Standing Counsel. We find substance in the argument advanced by learned Senior Counsel appearing for the petitioner. It also appears that no other charge has been levelled against the petitioner in cancelling the licence of fair price shop in question. Considering the facts and circumstances, we are of the considered opinion that the order impugned dated 18.5.2013 cannot be sustained and the same is, accordingly, set aside. Needless to say that in case there is any complaint against the petitioner the authority would be at liberty to proceed against the petitioner strictly in accordance with law. Consequently, the writ petition stands allowed. Order Date :- 16.3.2023 RKP Digitally signed by :- Digitally signed by :- RAKESH KUMAR PATEL RAKESH KUMAR PATEL High Court of Judicature at Allahabad High Court of Judicature at Allahabad