VAHEEDULLA KHAN v. ADDITIONAL COMMISSIONER FOOD LUCKNOW AND ORS.
WRIC/7537/2020 · 2025-03-17
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137732 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15625 Court No. - 6 Case :- WRIT - C No. - 7537 of 2020 Petitioner :- Vaheedulla Khan Respondent :- Additional Commissioner Food Lucknow And Ors. Counsel for Petitioner :- Rajni Kant Dwivedi,Mohiuddin Khan,Rama Kant Dixit,Satish Kumar Sharma Counsel for Respondent :- C.S.C.,Mohd. Khalid Amin Khan,Syed Mohammad Abid Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Mohd. Khalid Amin Khan, learned counsel for the respondent.
2. Present petition has been filed challenging the order of cancellation of fair price shop dated 22.04.2019 as well as the appellate order dated 12.02.2020.
3. Submission of learned counsel for the petitioner is that the petitioner was served with a show-cause cum suspension order alleging that various persons had deposed against the manner of distribution of food-grains by the petitioner. The petitioner had denied the said allegation in his reply, however, without recording any finding whatsoever, the impugned order came to be passed cancelling the fair prices shop license.
4. It is also stated that on the same allegations, an FIR was also lodged under Section 3/7 of Essential Commodities Act. An affidavit was filed indicating that the criminal Court has acquitted the petitioner vide judgment dated 11.09.2023. In the said judgment, all the evidences were considered. The order impugned before this Court recorded that there is no judgment of acquittal in favour of the petitioner by the competent Court.
5. Considering the fact that the order impugned cancelling the fair price shop license does not record any reason coupled with the fact that the evidences were duly considered by the criminal Court in its judgment dated 11.09.2023, the orders impugned dated 22.04.2019 & 12.02.2020 cannot be sustained and are quashed.
6. Matter is remanded to the licensing authority to pass a fresh order in accordance with law considering the evidences discussed in the judgment dated 11.09.2023 passed in Case Crime No.187 of 2017, U/S 3/7 of E.C. Act, P.S. Gola, District Lakhimpur Kheri. The said order shall be passed by the licensing authority within a period of four months.
7. Present petition stands allowed in above terms. Order Date :- 17.3.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench