The High Court dismissed a writ petition challenging the cancellation of the petitioner's fair price shop license. The court held that the licensing authority reasonably established malpractice due to failure to maintain a proxy distribution register or account for card holders.
Writ petition dismissed; cancellation of license affirmed.
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Court No. - 18
Case :- WRIT - C No. - 3410 of 2020
Petitioner :- Morkali Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neelabh Srivastava,Adarsh Bhushan Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The fair price shop license of the petitioner was cancelled by the licensing authority by order dated 14.01.2020. The impugned order records that there were irregularities in proxy distribution made by the petitioner. The petitioner could not account for the malpractices in the distribution of the essential commodities. The petitioner did not maintain a separate register containing the details of proxy distribution despite specific orders of the competent authority in this regard.
The petitioner in her communication sent to the competent authority which is appended as Annexure 5 admits to her failure to maintain a separate proxy distribution register. The petitioner could not establish the details of the card holders to whom such distribution was made. On this footing charge of malpractice in distribution of essential commodities stood established as per the applicable standards of evidence.
The petitioner has claimed that the enquiry report was not served upon the petitioner. However, a perusal of
the impugned order discloses that no material reliance has been placed on the aforesaid enquiry report. The charges were investigated independently by the licensing authority. Hence no prejudice is caused to the petitioner. The conclusions of the competent authority are reasonable. There is no procedural infirmity in the impugned order.
The writ petition is dismissed.
Order Date :- 7.9.2021 Dhananjai
Morkali Devi
State Of U.P.
2 Others
Ajay Bhanot
As recorded by the court registry
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