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2025 DAILYLAW 131486 (ALL)

BINDA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLY DEPTT. AND 2 OTHERS

WRIC/3132/2025 · 2025-04-07

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19228 Court No. - 6 Case :- WRIT - C No. - 3132 of 2025 Petitioner :- Binda Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supply Deptt. And 2 Others Counsel for Petitioner :- O.P. Tiwari,Akanksha Mishra Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as learned Standing Counsel. 2. The present petition has been filed challenging the order dated 22.02.2025 whereby, the fair price shop allotted to the petitioner was cancelled solely on the ground that the daughter, whose name was reflected in the Parivar Register had become a Gram Pradhan and in view of the Government Order dated 28.02.2022 and 05.08.2019, the allotment of the shop was cancelled. 3. The contention of the Counsel for the petitioner is that no opportunity of hearing was granted prior to passing of the order impugned. He further argues that in the family register, the name of the daughter was not shown and in case, the opportunity of hearing was granted, the petitioner could have demonstrated this fact. 4. Learned Standing Counsel based upon instructions states that no opportunity of hearing was granted. He however argues that the order impugned has been passed based upon the copy of the family register as was available, in which, the daughter was shown as a member of the family. 5. A perusal of the impugned order does not reveal that any opportunity of hearing was granted to the petitioner prior to passing of the impugned order. Finding the order impugned dated 22.02.2025 to be in violation of principles of the natural justice, the same is quashed. The writ petition is allowed. 6. The matter is remanded back to the authority concerned to pass fresh order in accordance with law after giving opportunity of hearing and after considering the documents that may be adduced by the petitioner in his support. 7. It is clarified that status of the petitioner prior to passing of the order impugned shall stand restored. Order Date :- 7.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench