URMILA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Pramod Kumar Singh, for the petitioner and Standing Counsel, for the respondents. The writ petition has been filed against the orders of Sub -Divisional Officer dated 4.7.2011, cancelling licence of Fair Price Shop of the petitioner and Additional Commissioner, dated 3.1.2014, dismissing the appeal of the petitioner under U.P. Schedule Commodities Distribution Order, 2004.

(2.) THE petitioner was granted licence to run Fair Price Shop in village Sanjarpur, tahsil Akbarpur, district Ambedkar Nagar. It is stated that Supply Inspector inspected the shop of the petitioner on 15.3.2011 and submitted his report dated 17.3.2011 stating therein that Signboard containing rate of essential commodities, stock of the commodities and toll free numbers were not found at the shop of the petitioner. The licensee did not produce the papers relating to shops and essential commodities and on the pretext of bringing key, she ran away from the spot. On the spot 'antyoday' card holders Triveni Prasad, Ganpat, Hari Ram, Man Bahadur, Lalmani, Bideshi and Sunera informed that in March, 2011 they were provided 10 K.G. wheat and 22 K.G. rice, 2 K.G. sugar and 5 K.G. dal of peas (total 34.5 K.G.) although they were entitled to 47.75 K.G. BPL card holders Ram Singar, Bajrangi, Mishri Lal, Rohit, Ram Nath, Ram Jagat, Ram Akshaibar, Jiya Lal, Jhapasi and Tulsi informed that in March 2011 they were provided 13 K.G. wheat and 26 K.G. rice (total 39 K.G.) although they were entitled to 47.75 K.G. Thus the licensee used to distribute less quantity of essential commodities to the card holders.

(3.) SUB -Divisional Officer did not satisfy with the reply of the petitioner and appointed Naib Tahsildar to conduct inquiry against the petitioner. Naib Tahsildar gave notice to the petitioner and conducted inquiry in the village on 24.9.2011 and recorded statements of Antyoday card holders, Babu Ram, Geeta, Ganpat, Shyam Lal, Mohna Devi, Kalesara, Dilip Kumar and Heera Lal and BPL card holders Manju, Suryakali, Narendra Kumar, Awadesh, Bajrangi, Ashadevi, Ramrati, Badri, Budhiram, Leela Devi, Chandrapal, Badama Devi, Chandrawati, Usha Devi, Meena Devi, Vidya Devi and Kumari and submitted his report dated 27.9.2011 holding that charges against the petitioner for not distributing full quantity of essential commodities to the card holders was proved. Sub -Divisional Officer by order dated 4.10.2011 held that the petitioner used to distribute 32 K.G. essential commodities to card holders in stead of 47 K.G. On these findings licence of the petitioner was cancelled. The petitioner filed an appeal from the aforesaid order. Before the Appellate Court, the petitioner filed a copy of resolution of Gram Panchayat dated 13.3.2011 showing that the petitioner used to distribute essential commodities to card holders properly. For the month of March, 2011, no extra -food grain was received. The petitioner used to distribute 55 K.G. food grain to BPL card holders. The appeal was heard by Additional Commissioner, who by dated 3.1.2014 dismissed the appeal. Hence this writ petition has been filed.