Allahabad High Court
Ajay Pal Singh vs State Of U P And 3 Others on 31 October, 2018
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - C No. - 36313 of 2018
Petitioner :- Ajay Pal Singh
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Upendra Upadhyay
Counsel for Respondent :- C.S.C.,Manu Singh,Shri Prakash
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. In an identical situation, this Court while entertaining the petition, has passed the similar order which reads as under:-
"1. This writ petition has been filed against the order of cancellation of Fair Price Shop of the petitioner by District Supply Officer, Kasganj on 1st of September, 2017 and the order passed by Appellate Authority rejecting his Appeal on 19.01.2018.
2. The learned counsel for petitioner has submitted that from perusal of the order of cancellation it is apparent that initially a preliminary inquiry/on the spot inspection was done by the Area Rationing Officer of the Fair Price Shop of petitioner on 09.05.2017 and on the report of irregularities found the licence of the petitioner was suspended on 18.05.2017 and a show cause notice was issued to him.The petitioner submitted his explanation on 02.06.2017. After submission of the explanation it was duty of the Licensing Authority himself to conduct an inquiry in term of Government Order dated 29.07.2004 and several judgments of this Hon'ble Court.
3. The learned counsel for petitioner has relied upon a judgment rendered by this Court in writ - c No. 5573 of 2018: Malikhan Singh Versus State of U.P. and others decided on 12.02.2018 wherein in a similar case reply submitted by the Licensee was got examined by the Supply Inspector. This Court held that the impugned order of cancellation could not be passed on the basis the comments submitted by the Supply Inspector and for this irregularity the order of cancellation was set aside and the matter was remanded to the Licensing Authority to conduct an inquiry himself by applying his mind to the explanation submitted by the petitioner before passing appropriate order therein.
4. In a similar case in Writ - C No. 31720 of 2016: Ram Ujagir versus State of U.P. and 2 others a Coordinate Bench of this Court on 03.08.2016 has similarly held that the Sub Divisional Officer had relied upon the inquiry conducted by the Regional Food Officer and therefore the order of cancellation was vitiated.
5. The petitioner has made out prima facie a case for interference. The impugned orders are stayed.
6. Let counter affidavit be filed within a period of six weeks. Two weeks thereafter is given to the petitioner to file rejoinder affidavit."
2. State shall file its reply on or before 29.11.2018.
3. List on 3.12.2018.
4. Meanwhile, if the order impugned is acted upon it, which shall be subject to the result of writ petition.
Order Date :- 31.10.2018
Mukesh
