JAGROPAN KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) WRIT petitioner - appellant (hereinafter referred to as the appellant), aggrieved by an order dated 05.05.2009 passed by learned Single Judge in WRIT Petition No.23566 of 2009, has preferred this Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. Short facts giving rise to the present Appeal are that the appellant was a Fair Price Shop Dealer. Several complaints were made that food grains and sugar are not being distributed to the beneficiaries. A surprise inspection was made in which stock of wheat, rice and sugar were found in excess After following the procedure prescribed under the law, the licence of Fair Price Shop of the appellant was cancelled and he challenged the same before the Commissioner, who had also dismissed the Appeal. Thereafter, he preferred the writ application which has been dismissed by learned Single Judge. Mr. Arvind Kushwaha, learned counsel appearing on behalf of the appellant submits that the food grains and sugar which were in stock were in accordance with the stock register and the authority erred in holding that stock found was in excess. It seems that on inspection, 33.5 quintal of wheat, 95.5 quintal of rice and 15.5 quintal of sugar were available in the shop, whereas excess quantity was shown in the stock register. We are of the opinion that the finding as regard to the excess stock is a finding of fact and this Court in exercise of its power of judicial review does not appraise the evidence to take a different view. Interference with the finding of fact can be made when the finding is found to be perverse. We are of the opinion that the finding recorded that the stock was in excess is on surprise inspection of the shop of the appellant It does not call for interference in this appeal. We are of the opinion that the consideration of the matter by the learned Single Judge does not suffer from any error, calling for interference in this appeal. We do not find any merit in the appeal. It is dismissed accordingly.