Allahabad High Court
Kamlesh vs State Of U.P. And 2 Others on 15 May, 2023
Bench: Kshitij Shailendra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:104987
Court No. - 52
Case :- WRIT - C No. - 30882 of 2016
Petitioner :- Kamlesh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Satyendra Kumar Mishra
Counsel for Respondent :- C.S.C.,Anand Yadav
Hon'ble Kshitij Shailendra,J.
1. The fair price shop licence was granted in favour of the petitioner pursuant to a Resolution passed by the Gaon Sabha and the appointment letter was also issued on 29.08.2014.
2. A first information report was lodged against the petitioner on 23.11.2014 which was registered at Case Crime No.447 of 2014, under Section, 147, 149 302 IPC in which the petitioner was named.
3. Learned counsel submits that on the ground of registration of FIR, the village pradhan wrote a letter to the Sub-Divisional Magistrate, Lalitpur and relying upon the said letter, fair price shop licence of the petitioner was cancelled by the Sub-Divisional Magistrate by order dated 25.04.2015. The petitioner preferred an appeal against the said order which was also dismissed by the Commissioner, Jhansi Division, Jhansi by order dated 25.05.2016.
4. The present petition has been filed challenging the aforesaid two orders.
5. Learned counsel for the petitioner submits that apart from the letter of the village pradhan, reliance has been placed upon a Government Order dated 17.08.2002 and it has been observed by the Sub-Divisional Officer that Clause 10(Gha) of the said Government Order states that no criminal case should be registered against the applicant nor he be convicted in any criminal case.
6. Learned counsel for the petitioner has argued that the said clause 10(Gha) is applicable for the stage at which the candidature of an applicant concerned is being examined by the authorities concerned for appointment as a dealer. He further submits that on the date of petitioner's appointment, i.e. 29.08.2014, no criminal case was registered against him as the first information report was lodged on 23.11.2014. He further submits that the petitioner has already been acquitted in the aforesaid case by sessions court concerned by judgment and order dated 13.04.2021, a copy whereof has been annexed as Annexure No. R.A.1 to the rejoinder affidavit.
7. I have perused the acquittal order and I find that the acquittal has been ordered on the ground that prosecution has utterly failed to establish the charges beyond doubt and therefore the order of acquittal is honourable.
8. Learned Standing Counsel has, however, argued that since the petitioner was a man of criminal nature, the authorities have rightly taken a decision for cancellation of the licence inasmuch as acquittal order has been passed in the year 2021 whereas when the impugned orders were passed, the criminal case was pending against the petitioner and he was also sent to jail.
9. Having heard the learned counsel for the parties, I find that apart from the said fact that on the date of selection and appointment of the petitioner as a fair price shop dealer, no criminal case was registered, he has already been acquitted on 13.04.2021. Even otherwise, sub-clause (gha) of the relevant Clause 10 has to be read in the light of contents of said clause which clearly speaks that selection of a fair price shop dealer shall be made considering the stipulations mentioned in various sub-clauses, including sub-clause (gha). Therefore, in the opinion of the Court, clause 10(gha) relates to the stage of selection and appointment and therefore subsequent registration of FIR may not be treated as a ground for cancellation of fair price shop. Even otherwise, since conviction has also been mentioned as second condition in sub-clause (gha), acquittal would be relevant factor in such matters where cancellation has been ordered on the aforesaid ground of involvement of the petitioner in a criminal case.
10. In view of the above, the orders impugned cannot sustain.
11. The writ petition succeeds and is allowed. The orders impugned dated 25.04.2015 passed by the Sub-Divisional Officer, Lalitpur and 25.05.2016 passed by the Commissioner, Jhansi Division, Jhansi in Appeal No.16/ C2015060000355 are hereby quashed with the following directions:-
(a) The petitioner shall file an application along with certified copy of this order and judgment of acquittal before the Sub-Divisional Officer concerned within a period of two weeks from today
(b) The Sub-Divisional Officer concerned shall pass appropriate orders in the light of the observations made by this Court within next three weeks.
(c) Since under the interim order dated 12.07.2016, this Court had clearly provided that the third party rights, if created, shall abide by the result of the writ petition, the Sub-Divisional Officer shall take a decision regarding restoration of the licence of the petitioner unaffected by any subsequent arrangement made during the intervening period for which this writ petition has remained pending.
Order Date :- 15.5.2023
AKShukla/-
