Allahabad High Court
Amar Singh vs State Of U.P. And 4 Others on 16 December, 2022
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - C No. - 38318 of 2022
Petitioner :- Amar Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Parvat Singh
Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
By impugned order dated 03.10.2022, the fair price shop licence of the petitioner has been suspended on the ground that certain irregularities were found against him under the Essential Commodities Act.
By the aforesaid order, explanation has been called for from the petitioner and according to the petitioner, the petitioner has already submitted his explanation on 07.10.2022 which was personally handed over to the authorities, thereafter on 17.10.2022 the explanation has been sent through registered post.
It is argued that though before order of suspension was passed an inquiry was held but after the order of suspension was passed till date no inquiry was held in the matter.
It is specific case of the petitioner that the respondents also did not hold any enquiry after the suspending the license of the petitioner for fair price shop.
The submission of learned counsel for the petitioner is that under Clause 8 (8) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order 2016, the the maximum period within which proceedings relating to irregularities committed by fair price shop owner has to be concluded resulting in suspension of cancellation of his licence, is two months. In the instant case, no enquiry was held after the order of suspension was passed. It is also submitted that the suspension order could not continue beyond two months.
Learned standing counsel is not in a position to dispute the submission made in this regard by learned counsel for the petitioner.
Sub-clause (7) and (8) of Clause 8 of the Control Order reads as follows :-
"(7) The Competent Authority shall take prompt action in respect of violation of any condition of license including any irregularity committed by the fair price shop owner, which may include suspension or cancellation of the fair price shop owner's license.
(8) The maximum period within which proceedings relating to enquiry into irregularities committed by the fair price shop owner shall be concluded, resulting in any action as under sub-clause (7) shall be two months."
Learned counsel for the petitioner is also placed reliance upon the judgment delivered by a Co-ordinate Bench of this Court dated 18.06.2022 passed in Writ C No.9541 of 2020 (Gajendra Singh Vs. State of U.P. and others).
I have gone through the aforesaid judgement.From perusal of the same, it is clear that the controversy involved in the present petition is absolutely identical as in the case of Gajendra Singh (supra).
It is admitted that after suspending the license, no enquiry was held, in case it was a suspension pending enquiry. It is also not in dispute that two months have lapsed from the date of order of suspension. Consequently, the impugned order has been rendered un-sustainable in law. It is hereby quashed, leaving it open to the respondents to proceed afresh in accordance with law.
Order Date :- 16.12.2022
saqlain
