Court No. - 26
Case :- WRIT - C No. - 4562 of 2018 Petitioner :- Satyapal Singh Respondent :- State Of U.P.
Counsel for Petitioner :- Arvind Kumar Mishra,Arvind Kumar Mishra Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Mrs. Sangeeta Chandra,J.
(ORAL) This writ petition has been filed by the petitioner challenging the order dated 11.01.2018 passed by the Sub Divisional Magistrate, Gunnaur, district Sambhal cancelling the fair price shop licence of the petitioner.
Ordinarily this Court does not interfere in such cancellation order as the statutory remedy of filing an appeal under paragraph 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 is available to the licensee. However, in this case, as the facts and circumstances have come out from the pleadings on record, it is evident that initially the fair price shop licence of the petitioner was suspended on 03.08.2017 and a notice was issued to him to give his reply to various allegations made in the show cause notice. The petitioner says that he submitted his reply on 10.08.2017 to the show cause notice issued along with suspension order, but in the order impugned of cancellation, mention has been made that the petitioner did not submit any explanation and a second notice was issued on 24.08.2017 and thereafter, the matter was examined by the Licensing Authority on his own as the petitioner failed to submit any explanation. By the order impugned dated 11.01.2018, the Licensing Authority has observed that initial explanation submitted by the petitioner on 20.06.2017 was got examined by the Supply Inspector concerned and the Supply Inspector had found the explanation to be lacking on merits and therefore, the suspension order was passed. Now, on failure of the petitioner to submit any explanation again the explanation dated 20.06.2017 was got examined by the Supply Inspector, Yogesh Kumar Shukla, who submitted that the licensee was resorting to several irregularities in the distribution of Essential Commodities. The Licensing Authority has not applied his mind independently to the charges, but has relied upon the report of the Supply Inspector submitted after examination of the initial explanation of the petitioner dated 20.06.2017.
Learned counsel for the petitioner has placed reliance upon the judgement rendered by Co- ordinate Bench of this Court in Writ C No. 43908 of 2017 (Smt. Omwati vs State of UP and 3 others,) decided on 25.01.2018, wherein this Court had set aside such a cancellation order holding that non submission of reply could not be taken as an admission of guilt by the licensee.
Learned counsel for the petitioner submits that explanation of the petitioner dated 10.08.2017 was not considered at all and from perusal of the impugned order, it appears that the Licensing Authority assumed that since the petitioner was not submitting any explanation, the petitioner had nothing to say in the matter.
The order of cancellation dated 11.01.2018 is set aside.
The matter is remanded to the Licensing Authority to consider the explanation submitted by the petitioner dated 10.08.2017 and duly verify the explanation from the Stock Register and the Sale Register and Distribution Certificate issued to the petitioner as well as entries in the ration cards of the complainants and pass an appropriate, reasoned and speaking order thereafter within a period of two months from the date a certified copy of this order is produced before him.
For a period of two months or till such final orders are passed by the Licensing Authority, whichever is earlier, the current procedure for distribution of Essential Commodities in the village concerned shall continue and shall abide by final decision taken by the Licensing Authority.
The writ petition is partly allowed.
Order Date :- 29.3.2018 Sazia