Petitioners operating fair price shops challenged police actions demanding documents via a writ petition. The court found allegations of harassment vague and affirmed the respondents' jurisdiction to seek information for an ongoing enquiry.
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Court No. - 40
Case :- WRIT - C No. - 33277 of 2021
Petitioner :- Rakesh Kumar And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amar Nath Singh,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant writ petition has been filed praying for a mandamus commanding respondent nos. 3 to 6 not to harass or adopt any coercive measure against the petitioners and their family members, in pursuance of letters of Police Inspector, Khadya Prakoshtha, Lucknow (respondent no. 6) dated 26/30.3.2021, 12.8.2021 and 31.8.2021.
The petitioners are fair price shop dealers in District Basti. Respondent no. 6 has addressed the communication dated 31.3.2021 to District Supply Officer, Basti, stating that certain enquiry is in progress against various fair price shop dealers and in connection with which he was required to submit documents enumerated therein. The District Supply Officer seems to have communicated the same to Sub Divisional Magistrate, Haraiya, District Basti (the licensing authority), so that he may call for the required documents from the licensees, namely the petitioners herein. Sub Divisional Magistrate, Haraiya, District Basti by letter dated 28.6.2021 called for the required documents from the petitioners. The petitioners have filed the instant writ petition alleging harassment on this count.
Sri O.P. Singh, learned Senior Counsel, appearing on behalf of the petitioners, submitted that the petitioners have supplied all relevant documents and information to the respondents, but still the police is harassing them. In this regard, the assertion made in paragraph 21 onwards of the writ petition, has been relied upon.
The assertions made in these paragraphs are absolutely vague. Therefore, it is difficult to conclude that any kind of harassment is being meted out to the petitioners. The respondents are well within their jurisdiction to ask for information and documents in case enquiry is in progress against the petitioners.
The petition lacks merit and is dismissed.
(Dr. Y.K. Srivastava, J.) (Manoj Kumar Gupta, J.)
Order Date :- 5.1.2022 Jaideep/-
1 issue framed by the court
Whether the petitioners were subjected to harassment regarding the submission of documents for an enquiry under Fair Price Shop regulations.
Rakesh Kumar And 4 Others
State Of U.P. And 5 Others
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
