Court No. - 59
Case :- WRIT - C No. - 67982 of 2013 Petitioner :- Puttu Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- V.K. Kushwaha Counsel for Respondent :- C.S.C.,Ravi Shankar Tiwari
Hon'ble Surya Prakash Kesarwani,J.
Heard Shri V. K. Kushwaha, learned counsel for the petitioner and Shri Ravi Shankar Tiwari, learned counsel for the respondents.
By the impugned order dated 05.07.2013 passed by the Sub Divisional Magistrate, Sadar, District Shahjhanpur and the appellate order dated 16.11.2013 passed by the Deputy Commissioner (Food), Bareilly Division, Bareilly, the fair price shop agreement of the petitioner of Village Panchayat Chaharpur, Block Madanapur, Tehsil Sadar, District Shahjhanpur was cancelled.
Learned Standing Counsel fairly agrees that the ground taken for cancellation of fair price shop agreement of the petitioner was not mentioned in the show-cause notice dated 01.06.2013 particularly, running of fair price shop through one Khayali Ram, similar thumb impression in the sale register, non-mentioning of ration-card number in the sale register and distribution of lesser quantity of sugar to the ration-card holders. That apart, the explanation submitted by the petitioner was also not considered.
In view of the aforesaid, both the impugned orders are hereby quashed.
Matter is remitted back to the respondent no. 3 (Sub Divisional Magistrate, Sadar, District Shahjhanpur) to issue a fresh show-cause notice to the petitioner within in a week from the date of production of certified copy of this order. The petitioner shall submit his reply within next three weeks. Thereafter the respondent no. 3 shall pass an order afresh strictly in accordance with law within next four weeks after affording opportunity of personal hearing to the petitioner.
The present arrangement made by the respondent no. 3 for distribution of food grains from the shop in question shall abide by the fresh decision to be taken by him as aforesaid.
With the aforesaid observations, the present writ petition is disposed of.
Order Date :- 30.1.2019 VR