Allahabad High Court
Sanjay Singh vs State Of U.P. Thru. Prin. Secy. ... on 11 May, 2016
Bench: Amreshwar Pratap Sahi, Attau Rahman Masoodi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?AFR
Court No. - 1
Case :- MISC. BENCH No. - 10175 of 2016
Petitioner :- Sanjay Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Food & Civil Supplies & Ors.
Counsel for Petitioner :- Kamal Kant Singh
Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Attau Rahman Masoodi,J.
Heard Sri R.N. Gupta learned counsel for the petitioner.
The petitioner was holding a license to run a fair price shop for which an agreement was entered into. In the recent panchayat elections, the petitioner's wife has been elected as Gram Pradhan in December 2015. The impugned order, Annexure no. 1 has been passed cancelling the fair price shop license of the petitioner in view of the Government Order dated 18.7.2002 wherein it is provided, that once a family member of the fair price shop license holder is elected as Gram Pradhan then the license is bound to be cancelled.
Sri Gupta submits that this has been done without any notice or opportunity and even otherwise the same being an unreasonable prohibition goes to violate the provisions of Art. 19(1)(g) read with Article 39(a) of the Constitution of India. He, therefore, submits that a right had accrued to the petitioner on grant of license which cannot be taken away on the strength of aforesaid clause disqualifying the petitioner from further holding the license.
Learned Standing Counsel however, submits that the license is subject to the terms and conditions of the relevant government orders that are made applicable from time to time and clause 4.7k as referred to in the impugned order as also the Government Order dated 18.7.2002, no illegality has been pointed so as to warrant interference by this Court under Article 226 of the Constitution of India. The petitioner does not have any indefeasible right to continue as a licensee and his continuance as a licencee is subject to the policy decisions taken by the government from time to time
Having considered the submissions raised, we find that the establishment of public distribution system lies partly within the domain of panchayati system provided under
Chapter IXA of the Constitution of India which is to ensure availability of essential commodities to the citizens and a Gram Pradhan being the key representative of the village remains at the helm of the office. The public distribution system is, therefore, bound to be regulated by the State Government for optimum welfare of the people faced with economic challenges. Grant of fair price shop license, therefore, is not a license which can be termed as a profession or trade so as to allege impeachment of provision of 19(1)(g) of the Constitution of India. The same being a license it is subject to the laws which are made by the State for ensuring that the public distribution system runs efficiently.
There appears to be a policy behind introduction of such clause that once a member of a family becomes Pradhan he may not be able to influence the public distribution system either way. We do not find any arbitrariness or unreasonableness in the impugned order .
We find no reason to interfere in the instant matter under Article 226 of the Constitution of India. Accordingly, the petition is dismissed.
Order Date :- 11.5.2016
Om.
.
[Attau Rahman Masoodi, J.] [Amreshwar Pratap Sahi, J.]
