SARFARAZ KHAN Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is a fair price shop dealer of Gram Panchayat Shadi Bankat, Block-City, District-Mirzapur. The fair price shop dealership of the petitioner was suspended by order dated 16.03.2018 and a show cause notice was issued by the self same order.

(2.) The petitioner has assailed the composite order of suspension/show cause notice dated 14.03.2018 in the instant writ petition.

(3.) The submission of Sri Kailash Singh Kushwaha, learned counsel assisted by Sri Sanjay Kushwaha, learned counsel for the petitioner is that the respondent authority which took out the order dated 16.03.2018 was not competent to do so. The order of suspension is passed by the authority in excess of jurisdiction vested by law. The jurisdiction of the respondents authorities to suspend the fair price shop licence of the petitioner and conduct any enquiry into malpractices stood ousted after the promulgation of The National Food Security Act, 2013 read with U.P. State Food Security Rules, 2015. There is a head on collision and an irreconcilable conflict between The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to as "Control Order 2016") promulgated in exercise of powers under Section 3 of the Essential Commodities Act, 1955 and the National Food Security Act, 2013. The National Food Security Act, 2013 shall prevail and consequently, the authorities in the Control Order 2016 stand superseded and the order is beyond jurisdiction.