M/S Aqeel Miyan vs State Of Uttar Pradesh And 2 Others
2025 Latest Caselaw 1645 ALL

Allahabad High Court

M/S Aqeel Miyan vs State Of Uttar Pradesh And 2 Others on 4 July, 2025

Author: Prakash Padia

Bench: Prakash Padia

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:105309
 
Court No. - 33
 

 
Case :- WRIT - C No. - 20753 of 2025
 

 
Petitioner :- M/S Aqeel Miyan
 
Respondent :- State Of Uttar Pradesh And 2 Others
 
Counsel for Petitioner :- Sanjay Kumar Pandey,Satyawan Shahi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.
 

1. The fair price shop license of the petitioner was cancelled by the order of the District Supply Officer, Meerut/respondent no.3 vide order dated 18.01.2019. Aggrieved against the aforesaid statutory appeal as provided under Clause 13 (1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 was filed by the petitioner, which was numbered as Case No.01021/2019. The same was also rejected by the respondent no.2 namely Deputy Commissioner, Food and Civil Supply, Meerut Division, Meerut vide order dated 13.12.2024. Aggrieved against the aforesaid petitioner has preferred present writ petition.

2. Learned counsel for the petitioner submitted that fair price shop licence of the petitioner has been cancelled in violation of the provisions contained under the Government Order dated 05.08.2019 as well as provisions contained under the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. He next submitted that no preliminary enquiry has been conducted in the matter and the licence of the petitioner has been cancelled on mis-conceived grounds. He submitted that lodging of First Information Report under Section 3/7 of the U.P. Essential Commodities Act 1955 can not be a ground for the suspension or cancellation of the fair price shop licence unless there is proper enquiry in the matter He placed the reliance on the Full Bench Judgment of this Court passed in Misc. Single No. 8033 of 2013. D/d. 26.10.2017 Bajrangi Tiwari Vs. The Commissioner Devi Patan Mandal Gonda And Another in order to demonstrate that on the ground of lodging first information report, fair price shop licence cannot be cancelled. He submitted that in view of the violation of the mandatory provisions contained under the Government Order dated 05.08.2019 and the Control Order, 2016 the impugned orders can not be sustained and are liable to be set aside by this Court.

3. Learned Standing Counsel for the State submitted that proceedings were initiated against the petitioner and it has been found that there was irregularity on the part of the petitioner regarding distribution of essential commodities to the cardholders, as such licence of the petitioner has rightly been cancelled. He submitted that criminal proceeding was also initiated against the petitioner and the First Information Report has been lodged under Section 3/7 of the Essential Commodities Act and Section 420 of Indian Penal Code as such no interference is required in the matter and the writ petition is liable to be dismissed.

4. I have considered the arguments advanced by the learned counsel for the parties and perused the record.

5. Since pure question of law is involved in the present writ petition as such with the consent of counsel for the parties, present writ petition is being disposed of at the admission stage itself.

6. There is no dispute about the fact that petitioner was granted fair price shop licence by the Authorities. There is also no dispute about the fact that under the impugned order, the petitioner's licence has been cancelled and the appeal has also been dismissed.

7. In order to appreciate the controversy involved in the matter a perusal of the Government Order dated 05.08.2019, which is applicable to Rural and Urban Area in respect to the suspension/cancellation of the fair price shop licence will be necessary which is as under:

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8. A perusal of the Government Order as quoted above fully demonstrates that preliminary inquiry is to be conducted by the Authorities before suspension/cancellation of the fair price shop licence of the licence holder.

9. Perusal of the aforesaid Government Order dated 05.08.2019 as well as impugned orders and other evidence on record reveals that procedure prescribed under the Government Order has not been followed by the authority and the licence of the petitioner has been cancelled on the ground that first information report has been lodged against the petitioner under Section 3/7 of the U.P. Essential Commodities Act and Section 420 of Indian Penal Code. In full Bench judgment of this Court in Bajrangi Tiwari (Supra) it has been clearly held that fair price shop can not be cancelled merely on the ground of lodging criminal case.

10. Apart from the same, very recently a detailed judgement has been delivered by this Court in bunch of cases leading Writ C No.38643 of 2019 and connected matters on 10.06.2025. Against the aforesaid judgement several Special Leave Petitions were filed, which was numbered as Special Leave Petition (Civil) Diary No(s).34331 of 2025 was filed before the Apex Court, which were dismissed by the Hon'ble Apex Court vide judgement and order dated 03.07.2025. The order dated 03.07.2025 reads as follows :-

"1. Permission to file SLP(s) is granted.

2. Delay condoned.

3. Heard the learned counsel appearing for the petitioner(s).

4. We are not inclined to interfere with the impugned judgment passed by the High Court. Hence, the Special Leave Petitions are dismissed.

5. Pending applications, if any, shall stand disposed of."

11. This fact is also admitted by the counsel for the parties.

12. The Full Bench judgment of this Court in the case of Bajrangi Tiwari (Supra) held that license of fair price shop cannot be cancelled merely on the ground of lodging criminal case. The aforesaid law has been again reaffirmed by this Court in the case of Amit Kumar (supra) which has also been affirmed by the Honble Supreme Court in the case of Mohd. Amir (supra).

13. In view of the above discussion, the Court is of the opinion that the fair price shop licence/agreement could not be cancelled on the ground of registration of F.I.R. under Section 3/7 Essential Commodities Act.

14. In this view of the matter, impugned order dated 13.12.2024 passed by the respondent no.2- Deputy Commissioner, Food and Civil Supply, Meerut Division, Meerut & order dated 18.01.2019 passed by the respondent no.3-District Supply Officer, Meerut are liable to be set aside and the same are hereby set aside.

15. The writ petition is allowed and the concerned-respondents are directed to restore the fair price shop licence of the petitioner forthwith.

Order Date :- 4.7.2025

Pramod Tripathi