ARVIND Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed praying for quashing of the order dtd. 3/8/2019 by which fair price shop licence has been cancelled and order dtd. 1/9/2019 passed by the Commissioner in appeal.

(2.) Learned Standing Counsel says that some time may be granted to him to file counter affidavit. However learned counsel for the petitioner insists that his case is covered by Division Bench decision of this Court in M/s. Mahatma Gandhi Upbhokta Sahkari Samiti vs. State of U.P. and others, 2001(19) LCD 513. He has also placed reliance upon Division Bench judgment of this Court rendered in Raj Kumari vs. State of U.P. and others, 2011(3) ADJ 368.

(3.) This Court has carefully perused the orders passed by two Division Benches. In the case of Mahatma Gandhi Upbhokta Sahkari Samiti (supra), the Division Bench of this Court had observed that Licencing Authority had relied upon the report submitted by the subordinate officials while conducting on the spot inspection of the fair price shop of the writ petitioner therein. No copy of the enquiry report was given to the licencee and no opportunity of hearing was given. This Court observed that in view of violation of principles of natural justice, the alternative remedy of filing a statutory appeal shall not come in the way of the court in interfering in such an order and had set aside the order of cancellation dtd. 4/12/2000 and directed fresh consideration.