Writ petition by a fair price shop licensee challenging cancellation of his licence via ex parte order and subsequent rejection of his appeal. The court dismissed the writ, holding that notices had been sent and the petitioner offered no material evidence to deny fair price allegations or contradict complaints.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- WRIT - C No. - 442 of 2020
Petitioner :- Mushtaq Ahamad Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Shrawan Kumar Pandey,Arjun Singh Yadav,Babu Lal Ram,Shobh Nath Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
contrary view. Since notice as well as reminders were sent, only on ground that nothing has been mentioned about its service, Court cannot interfere with impugned order as in writ petition also petitioner has not come up with any possible explanation to complaints made against him which are part of record. 7. Second contention of learned counsel for petitioner that there are affidavits of card holders that there was no irregularity in distribution of foodgrains, cannot be taken cognizance since it was not part of memo of appeal. Any prejudice caused to petitioner due to non service of notice can be a ground to quash the proceedings, if petitioner is able to show that no notice was served to him as well as there are substantial material to contradict the complaints and finding in impugned order. However, except vague submission that card holders have made false complaints the contention remained unsupported by any material, therefore, plea of prejudice is also liable to be rejected.
Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner was rightly denied licence cancellation in absence of proof of notice service when he failed to challenge complaints substantively.
Whether affidavits from card holders could be taken as substantive material to contradict complaints absent mention in the appeal memo.
Mushtaq Ahamad
State Of U.P.
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
