Allahabad High Court
Kanhaiya Lal vs State Of U.P. And Others on 10 October, 2012
Bench: Sibghat Ullah Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Court No. - 58
Case :- WRIT - C No. - 42362 of 2006
Petitioner :- Kanhaiya Lal
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Jai Karan Nath Mishra
Respondent Counsel :- C.S.C.,Om Prakash Srivastava
Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the petitioner, learned standing counsel for respondents No.1 to 3 and learned counsel for respondent No.4, the subsequent allottee impleaded in the writ petition subsequently.
Petitioner was granted licence/ agreement/ dealership to run fair price shop in village Neemri, Fatehpur Nattha Block and Tehsil Bilari District Moradabad. The licence was cancelled through order dated 21.11.2005 passed by Deputy Collector, Bilari District Moradabad in Case/ Patrank No.514. Against the said order petitioner filed Appeal No.6 of 2005-06 which was dismissed by Commissioner, Moradabad on 10.05.2006 hence this writ petition.
In the impugned orders, it is mentioned that several card holders had made complaint against the petitioner hence inquiry was got conducted by Regional Supply Inspector and on inquiry he found complaints of several card holders about irregularities in the nature of non-supply/ late supply of essential commodities and kerosene oil to be correct.
Petitioner along with his reply to the charge sheet filed affidavit of some card holders to the effect that he was distributing the essential commodities properly. However, the authorities below rejected those affidavits on the ground that card numbers of the deponents had not been mentioned. Along with the counter affidavit filed by the State some material has been placed on record. The said material is in the form of complaints against the petitioner. In the impugned orders neither it is mentioned that inquiry was conducted by the Regional Supply Inspector after notice to and in the presence of the petitioner nor it is mentioned that either the inquiry report or the statement recorded by the Regional Supply Inspector were supplied to the petitioner. In the absence of these things it cannot be said that effective opportunity of hearing was granted to the petitioner. Unless specific charges are mentioned in the charge sheet and material required to rely upon in support thereof is mentioned, the noticee cannot defend himself.
Accordingly, Writ Petition is allowed. Both the impugned orders are set aside. Matter is remanded to the Deputy Collector, Moradabad. Petitioner shall file affidavit before the Deputy Collector along with copy of counter affidavit filed by the State in this writ petition and such evidence which he considers necessary for questioning and explaining the documents which have been annexed along with the counter affidavit and the contents thereof. The said documents (annexed with counter affidavit filed by the State) shall be treated to be on record before the Deputy Collector. If reliance is to be placed on some other material then copy of the same shall also be provided to the petitioner.
Petitioner shall appear before the Deputy Collector on 31.10.2012. Petitioner may also file affidavit of other persons in support of his case. Deputy Collector shall take fresh decision expeditiously preferably within four months from the date of production of a certified copy of this order along with other documents. Till then present arrangement regarding distribution of essential commodities in the area/ village in question shall continue.
Order Date :- 10.10.2012
NLY
