RAM MURAT Vs. COMMISSIONER AZAMGARH DIVISION AZAMGARH

JUDGEMENT

(1.) THE petitioners in all these 32 writ petitions were licensees of the fair price shops. Their licences have been cancelled on the ground that either they themselves or their wives or other family members had been elected as Pradhan of the Gaon Sabha. In writ petition No. 12850 of 2003 the wife of the petitioner was elected as Pradhan in the year 2000 and so his licence was cancelled on 26 -10 -2002. In writ petition No. 16070 of 2006 the wife of the petitioner was elected as Pradhan in the year 2000 and re -elected in 2005, and so his licence was cancelled on 17 -8 -2000. Thereafter his representation was also rejected on 27 -12 -2005. In the remaining writ petitions the petitioners or their family members became Pradhan in the election held in the year 2005. A chart showing the date of elections, the relationship of the Pradhan with the petitioners as well as the date of cancellation orders is as follows:

(2.) THE Parliament enacted the Essential Commodities Act, 1955 (the Act). Section 3 of the Act empowers the Central Government to enact different Control Orders. Section 5 of the Act empowers the Central Government to delegate this power to the State Governments also and the Central Government has accordingly delegated this power to the State Governments. Then the State of U.P. enacted the U.P. Scheduled Commodities (Regulation of Distribution) Order, 1990 (the 1990 Order) for equitable distribution of essential commodities. Section 3 of the 1990 Order provided for setting up of fair price shops and Section 4 of this Order permits the State Government to issue directions for running of these shops. The State Government by G.O. dated 3 - 7 -1990 issued an Order for grant and running of fair price shops. Under the 1990 Order a person, who was an elected Pradhan or Up - Pradhan of Gaon Sabha and his family members, were prohibited from getting licence of fair price shop. This G.O. was subsequently modified by the G.O. dated 18 -7 -2002 which provides that the licence of fair price shop will be cancelled in case the licensee or his family members as mentioned therein are elected as Pradhan or Up -Pradhan. It is in pursuance of this amended Order that the action of cancellation of licence is purported to have been taken.

(3.) WE have heard Mr. S.D. Dubey, Mr. Manoj Misra, Ms. Sufia Saba, Mr. R.J. Misra, Mr. J.P. Gupta, Mr. Deepak Jaiswal, Mr. Devendra Kumar, Mr. D.R. Azad, Mr. Jyoti Bhushan, Mr. S.M. Iqbal Hassan and Mr. Irshad, learned Counsel for the petitioners and the learned Standing Counsel for the State Government as well as for State Officers, Mr. Anuj Kumar and Mr. V.K. Singh, learned Counsel for the Gram Panchayats and Mr. Deepak Jaiswal and Mr. Gulab Chand for the private respondents.