Dismissed

Smt. Faridul Nisha v. Learned Commissioner Faizabad Division Faizabad and Anr.

Allahabad HC8 May 2024WRIC/1000441/2014

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking to quash orders cancelling a Fair Price Shop license and dismissing an appeal. The court upheld the cancellation due to illegalities in food grain distribution quantities found in the petitioner's records and confirmed the petitioner availed of the hearing opportunity.

What did the court decide?

The writ petition was dismissed; the impugned orders canceling the Fair Price Shop license and dismissing the appeal were upheld.

Smt. Faridul Nisha Vs Learned… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35650

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Court No. - 19

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Case :- WRIT - C No. - 1000441 of 2014

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Petitioner :- Smt. Faridul Nisha

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Respondent :- Learned Commissioner Faizabad Division Faizabad And Anr

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Counsel for Petitioner :- Vijay Kumar Mishra,Ashutosh Mishra,Atul Kumar Srivastava,Fareed Ahmad,Om Prakash Srivastava,Vijay Kumar Mishra,Vinod Kumar Yadav

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Counsel for Respondent :- C.S.C.,Anil Kumar Misra,Ashwani Kumar Singh Ratho,Paramanand Asthana

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Hon'ble Subhash Vidyarthi,J.

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(Order on I.A. No.48 of 2022-delay condonation application)

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This is an application of condonation of delay in filing the recall application.

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Reasons indicated in the affidavit filed in support of the application are sufficient.

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Application is allowed and delay in filing the recall application is condoned.

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(Order on I.A. No.49 of 2022-recall application)

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This is application for recall of the order dated 07.09.2022 passed by this Court.

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Reasons indicated in the affidavit filed in support of the application are sufficient.

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Application is allowed and the order dated 07.09.2022 is recalled and the writ petition is restored to its original number.

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(Order on petition)

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Heard Shri V.K. Mishra, learned counsel for the petitioner and Shri Vikas Rai, learned State Counsel.

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By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of an order dated 12.07.2013 passed by the respondent No.2-Sub-Divisional Magistrate, Tehsil-Musafirkhana, District-Amethi cancelling Fair Price Shop license of the petitioner. The petitioner has also challenged the validity of an order dated 15.12014 passed by the Commissioner, Faizabad Division, Faizabad, dismissing the Appeal No.44, which was filed under para 28 (3) of the U.P. Schedule Commodities Distribution Order, 2004 against the aforesaid cancellation order dated 12.07.2013.

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A copy of the cancellation order dated 12.07.2013 had not been annexed with the writ petition. The petitioner had sought to amend the writ petition and bring a copy of the cancellation order on record. The amendment application was allowed by means of an order dated 26.09.2016 and it was directed that the amendment shall be carried out within a week. However, the amendment has not been carried out in the memo of the writ petition. However, the copy of the cancellation order dated 12.07.2013 is available with the amendment application and the Court proceeds to peruse the same in the interest of justice.

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In the impugned order dated 12.07.2013, it is recorded that a complaint had been received alleging irregularities committed by the petitioner in distribution of food grains during the period December, 2012 and March, 2013. An inquiry was held, in which it was found that the petitioner did not distribute food grains received for being distributed amongst Below Poverty Line card holders under Rani Laxmibai Scheme. He had lifted 55 Kg wheat per month per beneficiary for 87 beneficiaries, for the aforesaid period of four months. The petitioner had distributed merely 45 Kg wheat on 16.03.2013 and he had distributed 15 Kg wheat and 80 Kg rice on 04.04.2013.

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In view of the aforesaid act of the petitioner, the S.D.M., Musafikhana has cancelled his Fair Price Shop license. The petitioner

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had filed Appeal No.44 challenging the aforesaid cancellation order. While deciding the appeal, the Additional Commissioner (Judicial), Faizabad Division, Faizabad held in his order dated 15.01.2014 that in his explanation dated 17.06.2013, the petitioner admitted that during the months of December, 2012 to March, 2013, he had distributed 55 Kg wheat and 84 Kg rice. However, the petitioner stated that he be granted a pardon for the mistake committed by him and his suspension be revoked.

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The Appellate Authority has recorded in his order that although the petitioner contended that he had distributed 55 Kg wheat and 84 Kg rice to each of the ration card holders, the records reveal that he had distributed 45 Kg wheat on 16.03.2013 and 15 Kg wheat and 80 Kg rice on 04.04.2013. Thus, as per the records maintained by the petitioner himself, he had distributed 60 Kg wheat and 80 Kg rice.

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The Appellate Authority further recorded that the petitioner had produced distribution register to show that he had distributed 60 Kg wheat and 80 Kg rice per beneficiary. As per the scheme, 55 Kg wheat and 84 Kg rice was to be distributed amongst each of the beneficiaries. The Appellate Authority found that the petitioner had committed illegality in altering the quantity of food grain to be distributed under Rani Laxmibai Scheme and the petitioner did not render any explanation for this misconduct committed by him. While assailing validity of the aforesaid orders, learned counsel for the petitioner submitted before this Court that no opportunity of hearing was granted to the petitioner.

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A perusal of the impugned order indicates that not only the opportunity was granted but the same was availed by the petitioner as the appellate order refers to the petitioner's reply wherein he had stated that he had distributed the food grains in presence of Village Pradhan, the Village Development Officer and Lekhpal and he had also requested for revocation of the suspension order. Therefore, the

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submission of the learned counsel for the petitioner that no opportunity of hearing has been granted to the petitioner, is without any force.

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Learned counsel for the petitioner could not give any explanation for the petitioner's conduct in distributing 60 Kg wheat and 80 Kg rice per beneficiary as against 55 Kg wheat and 84 Kg rice provided to him for being distributed.

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From the aforesaid undisputed factual position, it appears that the petitioner has conducted illegalities in distribution of food grains amongst persons falling Below the Poverty Line. The respondents have not committed any illegality in cancelling the Fair Price Shop license of the petitioner.

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Keeping in view the illegalities committed by the petitioner and after taking into consideration the reply of the petitioner, the writ petition lacks merit and the same is hereby dismissed .

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[Subhash Vidyarthi,J.]

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Order Date :- 8.5.2024 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Faridul Nisha v. Learned Commissioner Faizabad Division Faizabad and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Faridul Nisha v. Learned Commissioner Faizabad Division Faizabad and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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