Shiv Nath v. State of U.P Thru Prin Secy Food and Civil Supply Lko and Ors

Court No. - 8 Case :- WRIT - C No. - 5222 of 2018 Petitioner :- Shiv Nath Respondent :- State Of U.P Thru Prin Secy Food And Civil Supply Lko And Ors Counsel for Petitioner :- Vijayendra Prakash Tripat,Rajesh Kumar Singh,Satish Kumar Sharma Counsel for Respondent :- C.S.C,Saiyed Afzal Abbas Rizvi Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the petitioner and learned Standing Counsel for the State.

¶2Present petition has been filed challenging the order dated

16.06.2012 whereby the fair price shop license of the petitioner was cancelled as well as the order dated 04.12.2017 whereby the appeal preferred by the petitioner was dismissed.

¶3The facts, in brief, are that the petitioner was running a fair price shop in terms of the license issued to him. On 15.04.2011, the petitioner on account of his illness moved an application stating that he was not in a position to deposit the fixed amount of money which was to be deposited by 22.04.2011. He also stated that after becoming well, he would take steps for depositing the money and for distribution of the food-grains in terms of the license. Subsequently, on 27.04.2011, a show-cause notice was issued calling upon the petitioner to show-cause as to why he has not deposited the money, which was in violation of the conditions of license allotted to the petitioner. The petitioner could not give a reply to the said show-cause notice on account of his illness. Subsequently, an order came to be passed cancelling the fair price shop license of the petitioner on

16.06.2012. After the order was passed, the petitioner moved an application on 21.06.2012 stating that the petitioner was unwell from 11.04.2011 up to 20.06.2012; a medical certificate was also annexed. Thereafter, on the basis of the legal advice, the petitioner preferred an appeal challenging the order of cancellation on 10.07.2012. The appeal was heard and dismissed holding that the petitioner was guilty of not operating the shop for a very long time without there being any justifiable reason. The said order is now under challenge.

¶4Perusal of the medical certificate filed by the petitioner justifying his absence from distribution from 11.04.2011 to

20.06.2012 only indicates that the medical ailments suffered by the petitioner was from April, 2012 to June, 2012 whereas the petitioner was not distributing the food-grains from April, 2011 for which there is no justification.

¶5Considering the fact that the license was cancelled in the year 2012 itself, no good ground for interference is made out. The writ petition is accordingly dismissed. Order Date :- 23.11.2023 nishant High Court of Judicature at Allahabad, Lucknow Bench