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2025 DAILYLAW 170966 (ALL)

KISHMATI v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF FOOD AND CIVIL SUPPLIES AND 6 OTHERS

WRIC/11311/2024 · 2025-01-16

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2735 Court No. - 7 Case :- WRIT - C No. - 11311 of 2024 Petitioner :- Kishmati Respondent :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Food And Civil Supplies And 6 Others Counsel for Petitioner :- Abhishek Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioner challenging the order dated 20.11.2024 whereby the fair price shop of the petitioner was cancelled. 3. The submission of the counsel for the petitioner is that on the basis of the inspection carried out, the order impugned was passed noticing slight variance in the weighing of the food grains stored at the premises. He further argues that this Court in Writ C No. 9778 of 2024 passed an order on 20.11.2024 directing the appropriate authority to pass the order after giving an opportunity of hearing. He further argues that on the same date the impugned order came to be passed. He further argues that the Inspector, who had conducted the inspection was acting malafidely in as much as the petitioner had lodged an FIR against him and based upon the said biased report, the order impugned has been passed. 4. Learned Standing counsel raised preliminary objection that an appeal lies against the said order. he further argues that the afÏdavits of the card holders proposed to be relied upon are after the date of the reply filed by the petitioner. 5. Be that as it may, the order impugned does not record that any opportunity of hearing was granted prior to passing of the said order, which is contrary to the Government Order Dated 05.08.2018 and is also against the principle of natural justice. Thus on the said limited grounds, the impugned order dated 20.11.2024 cannot be sustained and is quashed. The respondent would be at liberty to pass a fresh order in accordance with law. While doing so, the respondent authority shall also take into consideration the afÏdavits filed by the petitioner said to have been executed by the card holders in accordance with law. 6. The petition is disposed of in terms of the above. Order Date :- 16.1.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench