RAM PAL DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pramod Kumar Singh, learned counsel for the petitioner and Sri Rakesh Bajpai, learned standing counsel for the State.

(2.) By the impugned order dated 24.7.2001 the Deputy Collector, Akbarpur, district Ambedkar Nagar, has directed the attachment of card holders of fair price shop, of the petitioner to another fair price shop on the ground that an enquiry is being made with regard to certain allegations, by the Supply Inspector and Naib Tahsildar and pending enquiry the impugned arrangement has been made.

(3.) Learned counsel for the petitioner has placed reliance on a Division Bench decision of this Court in Naumi Ram v. Deputy Collector, (Up Zlladhikari, Tahsil Sagri), 2001 (1) AWC 607 : 2001 ALJ 444 , in which It has been held that it is obligatory on the authorities to follow the procedure prescribed by law and there is no power conferred on the authority to stop the supply on the basis of mere allegation or complaint and to take such action without affording an opportunity to the dealer.