Court No. - 10
Case :- WRIT - C No. - 42652 of 2018 Petitioner :- Sareef Ahmad Respondent :- State Of U.P. and another Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Nipun Singh, learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel for both the respondents.
The petitioner is before this Court assailing the validity of the impugned order dated 30.8.2018 passed by the second respondent, District Supply Officer, Amroha, whereby the fair price shop licence of the petitioner has been placed under suspension.
Shri Devesh Vikram, learned Standing Counsel has raised objection that against the order impugned the petitioner has got two alternative remedies, firstly to file response to the show cause notice and secondly, to file an appeal before the Commissioner of the Division. He also apprises to the Court that in the present matter, the Senior Superintendent of Police (STF), Lucknow is conducting the investigation. In the similar circumstances, a Division Bench of this Court had proceeded to dispose of the Public Interest Litigation (PIL) No.4839 of 2018 (The Sahkari Sasta Galla Vikreta Union, Tehsil Sardhana, Meerut vs. State of UP and 4 others) on 5.12.2018, with following observations:-
"The Public Interest Litigation has been filed for an appropriate writ, order or direction for the respondents to conduct enquiry in accordance with Government Order dated 27.8.2018 and complete the same within a definite time frame.
From perusal of the office order dated 29.8.2018 (Annexure-4) it reveals that the entire issue with regard to misuse of Aadhar authentication in distribution of E-POS has been handed over to Special Task Force, Uttar Pradesh.
It is submitted by the learned Standing Counsel that the Special Task Force is making necessary enquiry in the matter.
Having considered the statement made at Bar and having looked into the office order dated 29.8.2018, we leave it for appropriate disposal by directing the Senior Superintendent of Police (STF), Lucknow to ensure expeditious enquiry/investigation in the matter and to arrive at a logical consequence. The entire enquiry should be completed as far as possible within a period of six months from today.
The writ petition stands disposed of."
Confronted with this situation, Shri Nipun Singh, learned counsel for the petitioner states that the petitioner's fair price shop licence has been suspended on the ground that the first information report has been lodged against the petitioner under Section 3/7 of Essential Commodities Act. The allegation was also made regarding misuse of the alleged Adhar card, which does not belong to the shop of the petitioner. He has placed reliance on the judgement of this Court in Smt. Raj Kumari Singh vs. State of UP and others reported in 2011 (3) AWC 3180 wherein it was held that there is no absolute bar to file an appeal. He has also placed reliance on the judgement of this Court in Writ C No.48618 of 2017 (Mohd. Athar vs. State of UP and 2 others). The request has been made that the matter may be decided on the merits of the case.
In the facts and circumstances, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with observation that in case the petitioner files detailed objection to the aforesaid show cause notice within two weeks from today, then the authority concerned will proceed in the matter and take final call expeditiously.
Order Date :- 20.12.2018 RKP