Court No. - 32
Case :- WRIT - C No. - 8095 of 2019 Petitioner :- Madan Mohan Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nand Lal Pandey,Jitendra Kumar Mishra,Lok Nath Shukla,Suyash Pandey Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri N.L. Pandey, learned counsel for the petitioner and learned Standing Counsel for the respondents State.
This writ petition has been filed seeking quashing of the cancellation order dated 28.03.2018 passed by the District Supply Officer and the order dated 07.02.2019 passed by the Commissioner, Vidhyachal Division, Mirzapur, whereby the license of fair price shop of petitioner has been cancelled on the strength that the son of petitioner has become Pradhan of the village.
Sri Pandey, learned counsel for the petitioner, very fairly submitted that the controversy involved in the present case is covered by Division Bench judgment of this Court in case of Ram Murat and others Vs. Commissioner, Azamgarh Division, Azamgarh and others, 2006 (5) ADJ 396 and the judgment of Full Bench in case of Indrapal Singh Vs. State of U.P. and others, 2013 (10) ADJ 612. He, further, submitted that as the term of Pradhan has come to an end and, thus, petitioner is entitled for reconsideration, in case, the shop in question is not allotted to anyone.
Learned Standing Counsel vehemently opposed the writ petition and has relied upon the decision of Division Bench of this Court in case of Ram Murat (Supra) as well as Full Bench judgment of this Court in case of Indrapal Singh (Supra) and contended that petitioner being the father of Pradhan of the village was not entitled to run the fair price shop and the authorities had rightly cancelled his license.
Having heard learned counsel for the parties and from perusal of the record, it transpires that the license of the petitioner was cancelled on the strength that being Pradhan, the petitioner, who is the father, cannot run the fair price shop in view of the Government Order dated 03.07.1990 read with Government Order dated 18.06.2002.
As the term of the Pradhan has come to an end in the year 2020 and the elections had already been held in the month of April 2021 and son of petitioner not being elected as Pradhan, the claim of petitioner can be considered by the authorities, in accordance with law, if fair price shop in question has not been allotted to anyone.
With the aforesaid observations, writ petition is disposed of.
Order Date :- 26.10.2021 Shekhar