Jai Bhagwan vs State Of U.P. And Others
2011 Latest Caselaw 4034 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 21
 

 
Case :- WRIT - C No. - 47769 of 2011
 

 
Petitioner :- Jai Bhagwan
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- A.K.S. Bais
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

1. This writ petition is directed against the order of cancellation of fair price agreement of petitioner by Deputy Collector vide order dated 11.03.2011 and appellate order dated 04.07.2011 rejecting petitioner's appeal.

2. The memo of appeal filed as Annexure-3 to the writ petition shows that petitioner has admitted irregularities having been committed by him in distribution of essential commodities and preparation of documents, as is evident from para 7 thereof, which is reproduced as under:

^^7- ;g fd izkFkhZ vpkud Msaxw cq[kkj ls ihfM+r gks x;k Fkk vius cPpksa ls jk'ku forj.k djkrk jgkA jk'ku forj.k esa o dkxtkr rS;kj djus esa tks FkksM+h cgqr vuf;ferrk gqbZ mlds fy, izkFkhZ us fuEu U;k;ky; ds le{k {kek ;kpuk dh Fkh vkSj fcuk fdlh gsjkQsjh ds lPpk tcko fn;k FkkA**

3. He has also stated in para 5 of the memo of appeal that out of 817 A.P.L. Card holders only 27 were made complaint, meaning thereby most of the persons are satisfied. However, it is not stated that the complaint made by 27 persons are false. In para 6 of the memo of appeal petitioner has said that the Government does not provide sufficient quantity of wheat to be supplied to A.P.L. Card holders but nothing has been placed on record to substantiate the aforesaid averment.

4. On query being made by this Court that if petitioner has committed irregularities, what error has been committed by authorities concerned in cancelling his agreement, learned counsel for the petitioner submitted that he belong to Scheduled Caste and, therefore, his error could be rectified.

5. In the matter of committing irregularities in distribution of essential commodities, caste, creed or religion has no relevance. This is thoroughly misconceived and irrelevant argument and attempt to argue the matter in such manner has to be deprecated seriously by this Court. Once it is evident from record that a person has committed serious irregularities in distribution of essential commodities to the beneficiaries who also belong to lower and depressed class and for whose benefit the scheme has been made by Government, no leniency is to be shown to such defaulter.

6. In view thereof, I find no error apparent on the face of record warranting interference. Dismissed.

Order Date :- 23.8.2011

AK