Court No. - 18
Case :- WRIT - C No. - 10349 of 2020 Petitioner :- Smt. Phooljahan (Fair Price Shop Dealer) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jai Singh Yadav Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani,Krishna Kumar Singh
Hon'ble Ajay Bhanot,J.
Heard Sri Jai Singh Yadav, learned counsel for the petitioner, learned Standing Counsel for the respondents No.1 to 3 and Sri Krishna Kumar Singh, learned counsel for the respondent No.4-Gaon Sabha.
The fair price shop license of the petitioner was cancelled by the licensing authority/Sub-Divisional Magistrate, Tehsil Sambhal, District-Sambhal by the impugned order dated 21.03.2018. The order of cancellation was appealed by the petitioner with no better result. The appeal was dismissed by the impugned order dated 13.01.2020 passed by the learned appellate authority/learned Commissioner, Moradabad Region, Moradabad.
In the order of cancellation dated 24.07.2017 passed by the licensing authority/Sub-Divisional Magistrate, Tehsil-Sambhal, District-Sambhal charges which were not enumerated in the show cause notice dated 24.07.2017 were enquired into and also made the basis of cancellation of the licence of the petitioner. The licensing authority travelled beyond the terms of the show cause notice. The order dated 24.07.2017 was passed in violation of principles of natural justice. The learned appellate authority/learned Commissioner, Moradabad Region, Moradabad failed to redeem the illegality when it dismissed the appeal of the petitioner by order dated 13.01.2020.
The orders are vitiated and are liable to be set aside. The impugned order dated 21.03.2018 passed by the licensing authority/Sub-Divisional Magistrate, Tehsil Sambhal, District-Sambhal and order dated 13.01.2020 passed by the learned appellate authority/learned Commissioner, Moradabad Region, Moradabad, are set aside.
Interest of justice will be served by remitting the matter to the licensing authority/Sub-Divisional Magistrate, Tehsil Sambhal, District-Sambhal, to execute the following directions:
(I) The licensing authority to issue a fresh charge-sheet enumerating all the charges with material particulars including the additional charges which were not part of the earlier show cause notice dated 24.07.2017.
(II) The petitioner will be given full opportunity of hearing to tender his defence.
(III) The matter shall be decided by the licensing authority/Sub-Divisional Magistrate, Tehsil Sambhal, District-Sambhal, within a period of three months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(IV) It is clarified that this Court has not directed reinstatement of the petitioner as a fair price shop dealer. The restoration application of the fair price shop licence will be decided by the licensing authority at the time of final decision in the controversy.
This Court has not entered into the merits of the controversy. The same shall be decided by the licensing authority in accordance with law and upon independent application of mind.
This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of three months shall accordingly be enhanced.
The writ petition is allowed.
Order Date :- 20.9.2021 Ashish Tripathi