Smt. Mamta Devi vs State Of U.P. And 2 Others
2023 Latest Caselaw 10540 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 
Case :- WRIT - C No. - 11766 of 2023
 
Petitioner :- Smt. Mamta Devi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shashi Kumar Mishra
 
Counsel for Respondent :- C.S.C,Kamlesh Singh
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner.

Present petition has been filed challenging the order dated 17.12.2022 whereby the fair price shop license of the petitioner has been cancelled.

Learned Standing Counsel raises a preliminary objection that against the cancellation order, an appeal lies under Section 13(1) of U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.

Learned counsel for the petitioner argues that the impugned order suffers from the vice of violation of principles of natural justice and thus, relying on the judgment in the case of Whirlpool Corporation v. Registrar of Trademarks, Mumbai; (1998) 8 SCC 1 argues that the alternative remedy would not be a ground for this Court for not entertaining the writ petition under Article 226 of the Constitution of India.

A perusal of the impugned order reveals that the petitioner was served with the show-cause notice alleging certain infractions and was called to file a reply. The petitioner submitted a reply alongwith evidences on 12.10.2022 as is clear from the impugned order itself.

The impugned order without even referring to the reply and without considering any of the submissions made by the petitioner through the said reply, proceeded to pass an order of cancellation. It is well settled that an order bereft of reasoning does not satisfy the test of Article 14 of the Constitution of India and is also in violation of principles of natural justice.

Thus, on that ground alone, the impugned order dated 17.12.2022 is quashed with liberty to the respondents to pass a fresh order after considering the reply submitted by the petitioner and after giving an opportunity of hearing, if so advised.

The writ petition is allowed in above terms.

Order Date :- 10.4.2023

nishant