Court No. - 26
Case :- WRIT - C No. - 11138 of 2018 Petitioner :- Tilak Nath Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lal Behari Yadav Counsel for Respondent :- C.S.C.,Dharmaveer Singh
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. This writ petition has been filed by the petitioner challenging the suspension order dated 27.02.2018 passed by the respondent No. 2, District Supply Officer, Mau.
2. On perusal of the order dated 27.02.2018 it is evident that the District Supply Officer, Mau has suspended the fair price shop of the petitioner on the ground that the petitioner has earlier been directed to get formalities of Aadhar Authentication completed to update the data of the Public Distribution System. However, till February, 2018 the petitioner has got the Aadhar Authentication done only in respect of 38 beneficiaries, whereas 169 ration cardholders are attached to his fair price shop. Till the date of passing of the suspension order, 150 cards have been duly authenticated and on an inquiry being conducted of his fair price shop on 21.02.2018 to find out sufficient compliance being made of the order passed by the Department from time to time, it was found that the petitioner's distribution in terms of Aadhar Authentication and linking with the ration card numbers of beneficiaries was not satisfactory. The petitioner was issued a show cause notice on 23.02.2018 to submit his reply till 25.02.2018. The petitioner has not submitted his reply in time and therefore, the suspension order has been passed mentioning therein a clear violation of the provisions of U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 and Circular issued by the Food Commissioner, U.P., Lucknow namely Circular No. 5632/Aadhar Authentication - 2016 dated 20.10.2017 and non authentication of Aadhar with PDS is also violation of the terms of the licence agreement itself.
3. After arguing at some length the learned counsel for petitioner submits that the petitioner has already filed his detailed explanation before the Licensing Authority on 07.03.2018.
4. Accordingly, without entering into the merits of controversy this writ petition is disposed off with a direction to the District Supply Officer, District Mau to consider the explanation submitted by the petitioner on its merit and pass appropriate orders thereafter in accordance with law within a period of four weeks from the date a certified copy of this order is produced before him.
Order Date :- 28.3.2018 LBY