Court No. - 6
Case :- WRIT - C No. - 27720 of 2008 Petitioner :- Krishna Pal Singh Respondent :- Commissioner Jhansi Division And Another Counsel for Petitioner :- Sudhir Shandilya,Anuruddh Chaturvedi,Sudamaji Shandilya Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
Authenticated copy of the supplementary affidavit filed in the Registry on 13 August 2019 is taken on record.
This petition impugns orders passed by the respondents cancelling the fair price shop licence held by the petitioner.
The order of cancellation is principally based on the fact that a card holder was compelled to commit suicide since the petitioner failed to release essential commodities in his favour. The record reveals that the petitioner was called upon to show cause on 18 November 2007 and the impugned order of cancellation passed on 19 November 2007 itself.
Sri Chaturvedi learned counsel appearing for the petitioner has contended that the allegation that essential commodities had not been supplied was wholly incorrect as would be evident from a perusal of the relevant extracts of the ration card of the deceased card holder appearing at page-34 of the paperbook. With the aid of the material brought on record by way of a supplementary affidavit, Sri Chaturvedi has submitted that although these facts were duly brought to the attention of the Appellate Authority, no consideration on this issue has been conferred by him.
Learned Standing Counsel referring to the counter affidavit has reiterated the stand as embodied in the impugned orders and has referred to the fact that the card holder had committed suicide on 07 November 2007 since essential foodgrains were not supplied to him. However as noted above, this finding as recorded by the respondents is clearly belied from the extracts of the ration card of the deceased card holder referred to above.
The Court is further constrained to note that although this aspect was duly highlighted in paragraph 3 and 4 of the memo of appeal, no consideration has been accorded thereto by the Appellate Authority. Consequently the Court finds itself unable to sustain the orders impugned.
The writ petition is accordingly allowed. The impugned orders dated 19 November 2007 and 23 May 2008 are hereby quashed.
Order Date :- 21.8.2019 faraz