Court No. - 26
Case :- WRIT - C No. - 10760 of 2018 Petitioner :- Pradeep Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aaftab Ahmad Rain,Kumar Amit Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Mrs. Sangeeta Chandra,J.
This writ petition has been filed by the petitioner challenging the order dated 7.2.2018 passed by the Sub Divisional Magistrate, Rasulabad, District Kanpur Dehat, Kanpur by which the Fair Price Shop license of the petitioner has been cancelled on the ground that the petitioner had resorted to misrepresentation and concealment of fact that Writ Petition No. 69112 of 2009 (Pradeep Singh Vs. State of U.P. & others) has been dismissed by this Court on 4.8.2014. On the basis of interim order granted in the said writ petition, the supply of the petitioner had been restored and he was allowed to continue to distribute scheduled commodities.
One Sri Balram Tiwari along with other villagers filed a complaint to the District Magistrate on 1.11.2017 informed that the Writ Petition No. 69112 of 2009 had already been dismissed by this Court on 4.8.2014 and concealing this fact, the petitioner continued to distribute the scheduled commodities on the basis of interim order granted therein, in compliance of which the supply to the petitioner has been resumed.
On 7.11.2017, the SDM, Rasulabad had stopped the supply of the petitioner mentioning the facts regarding the complaint dated 3.11.2017, but the petitioner was not given any opportunity to given his explanation to the complaint made against him.
It has been submitted by the learned counsel for the petitioner that even if the Authorities were to aid against the petitioner in pursuance of the complaint made on 3.11.2017, then some opportunity of hearing should have been granted to the petitioner to explain his case which was not done in this matter.
I have perused the order impugned and I find therein a narration of facts including the filing of the writ petition and dismissal thereof and then lodging of the complaint by some villagers.
However, from a perusal of the order impugned dated 7.11.2017 stopping the supply of the petitioner and the order impugned dated 7.2.2018, it is apparent that no opportunity of hearing was given to the petitioner at all. No show cause notice was issued to him and only on the basis of recording the satisfaction that the petitioner had resorted to concealment the Fair Price Shop license of the petitioner has been cancelled.
Accordingly, the order dated 7.2.2018 is set aside on ground of denial of opportunity of hearing alone.
It will be open to the SDM, Rasulabad to pass a fresh order after giving opportunity of hearing to the petitioner with regard to alleged concealment resorted to by him after dismissal of Writ Petition No. 69112 of 2009 by this Court on 4.8.2014.
The SDM, Rasulabad shall issue notice within one week from the date a certified copy of this order is produced before him. The petitioner shall submit his reply within two weeks thereafter and final orders thereon shall be passed within a further period of one week.
The writ petition is partly allowed.
Order Date :- 23.3.2018 Arif