Allahabad High Court
Suresh Chandra Sharma vs State Of U.P. And Others on 13 April, 2012
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Court No. - 2
Case :- WRIT - C No. - 737 of 2009
Petitioner :- Suresh Chandra Sharma
Respondent :- State Of U.P. And Others
Petitioner Counsel :- P.K. Bhardwaj
Respondent Counsel :- C.S.C.
Hon'ble Sudhir Agarwal, J.
1. It is not in dispute that petitioner's wife Smt. Ambika Devi was elected Gram Pradhan of Gram Panchyat Nagla Padam in the election held in 2005. The Government Order No. 276/29-6-02-162 sa/2001 dated 18.7.2002 (para 2) clearly provides that if the spouse or other family member of fair price shop dealer is elected as Gram Pradhan, the agreement of such dealer would have to be cancelled and such a dealer cannot continue. In pursuance to the said Government Order dated 18.7.2002 the Deputy Collector has passed the impugned order dated 10.9.2008 which is under challenge before this Court.
2. Learned counsel for petitioner submitted that earlier also such an order was passed by Deputy Collector, Gabhana, District District Aligarh on 20.2.2006 whereagainst petitioner filed an appeal and the Commissioner, Agra by order dated 25.9.2006 allowed the appeal holding that the Government Order is prospective and apply to new dealer and not to existing one. He submitted that in view of the finding already recorded by Commissioner, the Deputy Collector could not have cancelled the agreement of petitioner.
3. During the course of argument, learned counsel for petitioner could not dispute that the Government Order dated 18.7.2002 clearly provides that on being elected family member of fair price shop dealer as Gram Pradhan, the agreement of fair price shop dealer shall be cancelled. This pre-supposes the existence of a dealership prior to issuance of Government Order and only then the question of cancellation would arise. Earlier, Commissioner who passed the order dated 25.9.2006 has clearly said something which is perverse, illegal and shows a total misreading and lack of understanding of the relevant Government Order. The Deputy Collector has not committed any mistake in view of the fact that petitioner's wife has been elected Gram Pradhan of Gram Panchayat where petitioner has his fair price shop and he has very rightly and candidly passed the order which warrants no interference. The said order has been confirmed by Commissioner, Aligarh on 11.12.2008 and there also I find that Commissioner has not committed any error in confirming the Deputy Collector's order dated 10.9.2008 .
4. Learned counsel for petitioner further submitted that impugned orders have been passed in violation of principles of natural justice but could not dispute that the facts and grounds on which the said orders have been passed cannot be disputed. The principles of natural justice cannot be kept in straight jacket formula and once the facts are not in dispute and decision arrived at by the authorities also cannot be faulted, there is no need of technical compliance of principles of natural justice and in any case since substantial justice has been done, this Court in exercise of extraordinary equitable jurisdiction under Article 226 is not inclined to interfere.
5. Dismissed.
Dt. 13.4.2012
PS
