Partly allowed

Dhanpal Singh v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies Lko. and Another

Allahabad HC16 Dec 2024WRIC/10761/2024

Case brief

AI extract

What is this about?

Court issued a stay on the cancellation of the petitioner's fair price shop license. The order quashes the impugned cancellation dated 28.10.2024 during pendency of proceedings, allowing the petitioner to continue operations while the legality of the cancellation based on family member dependency is examined.

What did the court decide?

Stay on the operation and effect of the order dated 28.10.2024 cancelling the fair price shop license.

Dhanpal Singh vs State of U.P. Thru. Prin. Secy… — Service and Employment | Allahabad HC (2024)

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Court No. - 7

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Case :- WRIT - C No. - 10761 of 2024

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Petitioner :- Dhanpal Singh Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko. And Another Counsel for Petitioner :- Satish Kumar Sharma,Praveen Kumar Sharma Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the parties and perused the record.

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The present petition has been filed by the petitioner challenging the order dated 28.10.2024, whereby the fair price shop license of the petitioner has been cancelled solely on the ground that his daughter in law, has been elected as Gram Pradhan.

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The order records that the definition of family included the child, who was dependent on the head of the family and subsequently by the amendment dated 28.02.2022, the daughter in law was also included in the definition of family. However, the fact remains that the said son/daughter in law should be dependent on the licensee, it is stated that the son of the petitioner is working as a Teacher and son and the daughter in law have a separate living and thus is not dependent on the licensee. The order impugned records that all the family members are staying in the same house, however, the said finding is not meeting the requirement of alleging that the daughter in law was dependent on the licensee, no finding to that effect has been recorded in the said order, thus, prima facie, the matter requires consideration.

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Learned Standing Counsel accepts notice on behalf of the respondent no. 1 and 2. He may file counter affidavit within four weeks.

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The petitioner will have two weeks' time thereafter to file rejoinder affidavit.

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6. List thereafter.

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Till the next date of listing, the operation and effect of the order dated 28.10.2024 shall remain stayed or meaning thereby that the petitioner would be entitled to run the fair price shop in accordance with law.

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Order Date :- 16.12.2024 Arun

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

Dhanpal Singh v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies Lko. and Another

Case brief

What is this about?

What did the court decide?

Dhanpal Singh v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies Lko. and Another

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

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