YAR MOHAMMAD KHAN v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES U.P. LKO. AND ANOTHER
WRIC/7796/2025 · 2025-08-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157867 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157867 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48018 Court No. - 6 Case :- WRIT - C No. - 7796 of 2025 Petitioner :- Yar Mohammad Khan Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies U.P. Lko. And Another Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner and learned Standing Counsel. 2. The instructions provided by the learned Standing Counsel is taken on record. 3. The present petition has been filed challenging an order of suspension dated 04.08.2025 whereby, the fair price shop license of the petitioner was suspended pending an inquiry. 4. The suspension order on record as Annexure-1 demonstrates that on the basis of an inquiry conducted through Tehsildar, a preliminary report was submitted on 05.07.2025 wherein, the Tehsildar had recorded the statement of as many as 24 persons, in fact, all the persons stated that they were getting the ration free of cost, the quantity received by them are different in respect of all the persons. 5. The submission of the Counsel for the petitioner is that in view of the statements, which have been recorded in the suspension order itself, prima facie, no case for suspension is made out. 6. The learned Standing Counsel based upon the instructions states that the quantity to be distributed is fixed and even as per the statements, the quantity distributed is different in respect of all the cardholders, whose statements have been recorded in the suspension order and thus he justifies the suspension order. 7. A perusal of the suspension order reveals that after recorded the statements of cardholders, who did not made any complaint with regard to the distribution of the food grains without any cost, the suspension order has been passed. No exercise prima facie or reasoning has been recorded that the food grains distributed by the petitioner was allegedly less than the food
grains to which the cardholders were entitled and had demanded and in absence of such an exercise, harsh steps of suspension cannot be justified. 8. Learned Standing Counsel states that against the order of suspension, an appeal is prescribed, however, considering the fact that the suspension order is bereft of any reasoning, the said objection is rejected. 9.
Considering the harsh steps that has been taken, the suspension order dated 04.08.2025 cannot be sustained and is quashed insofar as it proceeds to suspend the fair price shop license of the petitioner. Meaning thereby, the petitioner would be permitted to run the fair price shop. 10. It is provided that the inquiry as proposed in the show cause notice dated 04.08.2025 can take place in accordance with law. 11. The writ petition is disposed off in the above terms. Order Date :- 18.8.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench