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RAM KINKAR & OTHERS versus STATE OF U.P. THRU' COLLECTOR, MIRZAPUR & OTHERS

High Court of Judicature at Allahabad

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Ram Kinkar & Others v. State Of U.P. Thru' Collector, Mirzapur & Others - WRIT - C No. 21230 of 2007 [2007] RD-AH 8302 (2 May 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 21.

Writ Petition No. 19887 of 2005.

Rajpal Singh                          Versus           State of U.P. & others.

Hon. Sunil Ambwani, J.

Heard Sri M.A. Khan learned counsel for the petitioner and learned Standing Counsel.

On 18.3.2005 an order was passed staying the operation of the order in appeal with a direction that till the next date of listing no fresh settlement shall be made.

The petitioner was given authorisation (agency) to distribute scheduled commodities on a contract executed by him with the State.  His authorisation was cancelled by the Sub Divisional Magistrate, Nakud, Saharanpur  on the recommendation of the Gaon Sabha.  The petitioner filed a writ petition which was kept pending as the matter with regard to powers to cancel the authorisation is pending in Supreme Court.  The entire bunch of writ petitions were dismissed with the findings that the aggrieved persons have a right to appeal.  No counter affidavit has been filed and as such the court is proceeding to hear the matter on merits.

The appeal filed by the  petitioner was dismissed on 25.1.2005 on the ground that it was not necessary to give show cause notice to the petitioner and that the Gaon Sabha could have pass resolution for cancellation of the authorisation.  In the present case it is stated that on account of irregularities the Gaon Sabha passed a resolution in the open meeting and thus there was no necessity to give any show cause notice.

The petitioner is authorised to sell scheduled commodities under a standard form contract of agency in terms of  the UP Scheduled Commodities (Distribution) Order 2004. by the Government Order dated 30th September, 2004, the disciplinary powers of suspension/cancellation have been delegated by the State Government to District Magistrate and District Supply Officer in the Districts and Sub Divisional Magistrates in their respective Tehsils.

2

The order for cancellation of the authorization, however being a quasi judicial order must be made  by a reasoned order after giving opportunity to the concerned person.  In the present case it is apparent from the record that no notice or  opportunity was given to the petitioner.  The order is as such grossly illegal and arbitrary and cannot be sustained.

The writ petition is allowed.  The orders dated 25.1.2005 and 15.7.2004 are quashed.  The petitioner's authorisation to distribute the scheduled commodities shall be restored.  He will be allotted quota and that the ration card shall be attached for distribution in accordance with law.

Dt. 4.5.2007.

BM/-19887-05.


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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