HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9683 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dhananjai Kumar Tripathi, the learned counsel for the petitioner and Sri Alok Srivastava, learned Standing Counsel for the State of U.P. 2. By means of the instant petition the petitioner has challenged validity of order dated 07.11.2023 passed by the Sub Divisional Officer, Tehsil Jamunaha, District Shrawasti whereby the fair price shop license of the petitioner has been cancelled. The petitioner had challenged the aforesaid order by filing Appeal No. 1793/2023 which has been dismissed by the Deputy Commissioner, Food, Devi Patan Mandal, Gonda by means of an order dated 12.08.2025 and validity of the appellate order has also been challenged by the petitioner. 3. Briefly stated, the petitioner's case is that the petitioner was running a fair price shop in Village Manwariya Bhoja, Block & Tehsil Jamunaha, District Shrawasti since the year 2008 without any complaint. Surprise inspection of the petitioner's shop was made by the Sub Divisional Officer, Tehsil Jamunaha, District Shrawasti and the District Supply Officer, District Shrawasti on 13.01.2017. It is alleged that 20 sacs of Versus Counsel for Petitioner(s) : Dhananjai Kumar Tripathi, Pawan Kumar Mishra Counsel for Respondent(s) : C.S.C. Smt. Tara Bano .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Food And Civil Supply Lko. And 4 Others .....Respondent(s) rice (10 quintal) was recovered from a madarsa of one Mohd. Sharif who stated that he was having a ration card of 8 units and he was entitled to get 20 kg wheat and 20 kg rice per month. The remaining rice was taken from the shop of the petitioner in an illegal manner. 4. After giving an opportunity to the petitioner to submit a reply, the petitioner's fair price shop license was suspended by means of an order dated 18.01.2017 and an FIR bearing Case Crime No. 294/2017, under Sections 3/7 of Essential Commodities Act was lodged against the petitioner in Police Station Malhipur, District Shrawasti. The petitioner's license was cancelled by the opposite party no. 3 by an order dated 20.02.2017 which order was affirmed by order dated 29.05.2021. 5. The petitioner challenged the affirmation order dated 29.05.2021 by filing an appeal which was allowed by means of an order dated 19.09.2023 and the matter was remanded for being decided afresh after giving an opportunity to the petitioner to produce the relevant documentary evidence. Thereafter, the petitioner submitted an explanation annexing therewith copies of affidavits of various ration card holders stating that they had no grievance against the petitioner. 6. After taking into consideration the petitioner's explanation, the Sub Divisional Magistrate, Jamunaha has passed the impugned order dated 07.11.2023 wherein the petitioner's explanation has been duly considered wherein she had stated that no statements were recorded at the time of inspection on 18.01.2017. Statements of only those ration card holders were recorded who were keeping animosity against the petitioner. The petitioner stated that she has been distributing foodgrains under supervision of the authorities and no ration card holder had any complaint against her. Only persons belonging to one family were aggrieved against her. The Sub Divisional Magistrate has recorded in the impugned order that from the WRIC No. 9683 of 2025 2 documents available on record it is evident that the petitioner had sold away 10 quintal rice in black market. She had prepared a forged sale register. The sale register was not certified by the competent authority. On the second page of the register, as against the 30 beneficiaries, only 25 thumb impressions were affixed. On the 4th page of the register, as against 30 beneficiaries, only 28 thumb impressions were put. The sale register did not bear any serial number or the name of the beneficiaries/ card holders. Physical verification of food- grains was not got conducted by the lekhpal. 7. Neither any evidence was produced by the petitioner to refute the aforesaid allegations before the Sub Divisional Magistrate concerned nor has any such evidence been adduced before the appellate authority nor has any evidence been annexed with the present petition to refute the charges. 8. The learned counsel for the petitioner has submitted that the cancellation order had earlier been set aside and the matter had been remanded and the authority has reproduced the previous order without application of mind and without complying with the directions of the appellate authority. 9. A perusal of the impugned order dated 07.11.2023 indicates that while deciding the matter afresh after remand, the authority concerned has taken into consideration all the relevant aspects of the matter as well as the evidence led by the petitioner which was merely copies of affidavits of some ration card holders and the petitioner had not led any evidence to refute the allegations of preparation of a false stock register/sale register, non verification of the stock register, stock register not bearing the signatures/ thumb impressions of all the beneficiaries etc. The aforesaid findings of fact recorded by the Sub Divisional Magistrate, Tehsil Jamunaha have been affirmed in appeal. 10. This Court finds that the impugned orders have been passed WRIC No. 9683 of 2025 3 after due consideration of the entire relevant material and there is no illegality in the decision making process adopted by the authorities concerned. No evidence has been brought on record in this writ petition to refute the findings recorded by the authorities concerned. 11. In view of the aforesaid discussion, this Court finds no error or illegality in the order dated 07.11.2023 passed by the Sub Divisional Officer, Tehsil Jamunaha, District Shrawasti as well as in the order dated 12.08.2025 passed by the Deputy Commissioner, Food, Devipatan Mandal, Gonda. 12. The petition lacks merit and the same is dismissed. October 9, 2025 Pradeep/- WRIC No. 9683 of 2025 4 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench