Quashed

Ramvriksha v. State of U.P. and 2 Others

Allahabad HC15 Mar 2023WRIC/39644/2022

Case brief

AI extract

What is this about?

This writ petition challenged the cancellation of the petitioner's fair price shop licence and dismissal of the appeal. The court held that the proceedings violated natural justice principles as the state failed to annex complaints or provide an enquiry report. The orders were quashed.

What did the court decide?

The impugned orders dated 26/28.07.2022 and 15.11.2022 are quashed. The matter is remanded to the Licensing Authority to supply documents and pass a fresh order within two months.

Ramvriksha Vs State of U.P. and 2… — Constitutional and Fundamental Rights | Allahabad HC (2023)

¶1

Court No. - 6

¶2

Case :- WRIT - C No. - 39644 of 2022

¶3

Petitioner :- Ramvriksha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vineet Kumar Singh Counsel for Respondent :- CSC

¶4

Hon'ble Pankaj Bhatia,J.

¶5

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

¶6

The present petition has been filed challenging the order dated 26/28.07.2022 whereby the fair price shop licence of the petitioner was canceled as well as the appellate order dated 15.11.2022 whereby the appeal preferred by the petitioner was dismissed.

¶7

Contention of learned counsel for the petitioner is that petitioner was allotted a Fair Price Shop and on account of certain allegations leveled against the petitioner a show cause notice was served on 06.04.2022 (Annexure No.1 to the writ petition). The petitioner was called upon to file reply to the averments made in the said show cause notice. Subsequent to passing of the show cause notice, order canceling the licence was passed on 26/28.07.2022 mainly on the ground that despite the show cause notice, no reply has been filed by the petitioner as such in public interest the licence was canceled. The petitioner filed an appeal. In the appeal, it was specifically stated that none of the documents proposed to be relied upon which were either mentioned in the show cause notice or supplied to the petitioner. It was also pleaded that even any enquiry report was not supplied to the petitioner as a result thereof, the petitioner could not be expected to file any reply. The appellate authority without considering any of the said submissions, dismissed the appeal again mainly on the ground that petitioner did not file a reply to the show cause notice.

¶8

I have perused both the said orders as well as the show cause notice.

¶9

The State Government itself has issued a Government Order dated 05.08.2019 clarifying the manner in which proceedings are to be initiated and concluded in respect of cancellation of Fair Price Shop Licence. The said Government Order is basically in furtherance of the requirement of principles of natural justice

¶10

which are required to be observed.

¶11

In the present case, in the show cause notice although there is mention of certain complaints, there is no annexures of the said complaints. There is no mention of any enquiry report being supplied to petitioner along with the show cause notice, thus on these two grounds as recorded above, the proceedings initiated and communicated fall short of the requirements of adherence to the principle of natural justice. The orders passed against the petitioner, are clearly in violation of principle of natural justice and the rights of the petitioner enshrined under Article 14 of the Constitution of India, have been violated.

¶12

On the grounds as recorded above, the impugned orders are clearly unsustainable. The order dated 26/28.07.2022 and the appellate order dated 15.11.2022 are quashed. The matter is remanded to the Licensing Authority for passing fresh order after supplying copies of the documents as proposed to be relied upon as well as enquiry report, if any. To avoid any further delay, the petitioner is directed to appear before the Licensing Authority on 23.03.2023 at 12.00 noon. The Licensing Authority shall, thereafter, provide the requisite documents as directed above and shall proceed to pass fresh orders, in accordance with law, within a period of two months from today.

¶13

The writ petition stands disposed of in terms of the aforesaid directions.

¶14

Order Date :- 15.3.2023 Atul

¶15

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Ramvriksha v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ramvriksha v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Precitech Engineers Vs State of U.P. and 2 Others

Shanmukha Agritec Limited Vs State of U.P. and 2 Others

Ramji Bhardwaj Vs State of U P and 2 Others

M/S Integrated Casetech Consultants Private Limited, Ghaziabad Vs State of U.P. and 2 Others

M/S Om Construction Vs Additional Commissioner Grade II and Another

Durgawati Vs the State of U.P. and 4 Others