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MANVEER SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Manveer Singh v. State Of U.P. & Others - SPECIAL APPEAL No. 1656 of 2006 [2007] RD-AH 50 (2 January 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.32

Special Appeal No.1656 of 2006

Manveer Singh .....Appellant

Versus

State of U.P. and others .....Respondents.

*******

Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

This intra Court appeal under the Rules of the Court is preferred against the judgment of the Hon'ble Single Judge dated 20.11.2006 dismissing petitioner-appellant's Civil Misc. Writ Petition No. 29303 of 2006 against the order cancelling his fair price shop licence.

We have heard Sri Amar Jit Singh, learned counsel for the appellant at great length.

It is urged that no proper opportunity or show cause was provided to the petitioner-appellant and the alleged statement in which reliance has been placed are of dead persons and thus the whole proceeding for cancellation of his fair price shop licence is vitiated.

We have considered the submissions and also perused the order of the Hon'ble Single Judge of this Court as well as the order of the appellate authority and the licensing authority.

It appears that on receipt of certain complaint alleging certain irregularities committed by the petitioner-appellant, enquiry was made by the Naib Tehsildar. The report was submitted by the Naib Tehsildar on 28.11.2005, copy whereof is enclosed as Annexure-3 to the writ petition. It is also apparent from the aforesaid report that the alleged irregularities committed by the petitioner-appellant was found to be correct. Consequently, the licensing authority, having heard the parties, cancelled the licence.

Aggrieved petitioner-appellant preferred appeal before the Divisional Commissioner, who also after hearing learned counsel for the parties and perusal of the record, found that the allegation made against the petitioner-appellant has been found to be proved and thus upheld the order cancelling fair price shop licence. The Hon'ble Single Judge also having not found any illegality in the orders has dismissed the writ petition.

Learned counsel for the appellant, however, vehemently contended that no opportunity was afforded to the petitioner-appellant before passing the order canceling his fair price shop licence. However, we do not find any substance in the submission for the reason that the licensing authority, i.e., Sub Divisional Officer, Sadar, Bulandshahr vide order dated 6th December, 2005 while suspending the fair price shop licence of the petitioner-appellant asked him to furnish his explanation in respect of the alleged charges within a week from the date of receipt of the show cause notice. He was also asked to produce the papers pertaining to transactions made for the last three months. Admittedly, the petitioner-appellant thereafter filed his reply on 14.12.2005. After considering his reply the licensing authority vide order dated 6.1.2006 cancelled his fair price shop licence.

We are of the view that no error has been committed by the licensing authority and adequate and sufficient opportunity, as required under the law, was given to the petitioner-appellant. Thus, the contention that the order is in violation of the principles of natural justice is unfounded and cannot be accepted. The learned counsel for the petitioner-appellant could not show us any error either on factual or legal aspect in the order of the Hon'ble Single Judge. Thus, we do not find any merit in the appeal. It is, accordingly, dismissed.

Dated:2.1.2007

SKM


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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