Neutral Citation No. - 2025:AHC:130921 Court No. - 33 Case :- WRIT - C No. - 17171 of 2025 Petitioner :- Jayprakash Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Srivastava Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present writ petition inter-alia with the prayer to quash the order dated 09.05.2025 passed by the Respondent No. 3 namely Sub-Divisional Magistrate, Kerakat- Jaunpur (Annexure-6 to the writ petition). By the aforesaid order fair price shop license of the petitioner was cancelled. 2. Facts in brief as contained in the writ petition are that the petitioner is very old Fair Price Shop licensee of Gaon Sabha Kusarana, Block & Tehsil- Kerakat, District- Jaunpur. On a frivolous complaint dated 20.09.2019 made by one Om Prakash Yadav and other villages, the fair price shop license of the petitioner was suspended on 15.08.2019. Subsequently the same was cancelled vide order dated 20.01.2020. 3. Aggrieved against the aforesaid, statutory appeal was filed by the petitioner before the appellate authority namely Respondent No. 2/ Deputy Commissioner Food, Varanasi Division, Varanasi. The Respondent No. 2 after hearing the appeal remanded the matter before the Respondent No. 3 vide order dated 08.10.2024. 4. The appellate court has directed the authorities to proceed with the fresh charge-sheet and decide the matter a fresh after providing opportunity of hearing to the petitioner. Pursuant to the aforesaid the respondent no. 3 again issue the charge-sheet dated 30.11.2024. A detailed reply was submitted by the petitioner along-with the statement and affidavits of 42 card- holders. It is argued that out of 153 card holders, only 42 card holders statement were recorded and in respect of other card holders the only mentioned " तददव " (as it is). 5. It is argued that respondent No. 3 wholly illegally rejected the claim of the petitioner on the same ground on the basis of which the earlier rejection order was passed though the same has already been set aside by the Respondent No. 2 while remanding the matter. It is argued that all the so-called inspection said to be done in the absence of the petitioner and petitioner has no knowledge about the same. It is further argued that though against the aforesaid order, statutory alternative remedy is available to the petitioner to file an appeal but to the fact that order impugned has been passed in complete violation of principles of natural justice, hence the petitioner has preferred the present writ petition directly before this Court and the same should be entertained. 6. It is further argued that identical controversy has already been dealt with by the Coordinate Bench of this Court in Writ C No. 11319 of 2024 (Sita Ram vs. State of U.P. and Others) decided on 29.08.2024. 7. While entertaining the writ petition, the learned Standing Counsel was granted time to seek instructions that whether the controversy involved in the present case is identical as in the case of Sita Ram (Supra) or not. 8. Today when the matter is taken up, it is argued by Shri Vijay Shankar, learned Additional Chief Standing Counsel that question of law involved in the present case is absolutely identical as in the case of Sita Ram (Supra). 9. Heard counsel for the parties and perused the record. 10. From perusal of record, it is clear that the order impugned dated 09.05.2025 passed by the Respondent No. 3 namely Sub- Divisional Magistrate, Kerakat- Jaunpur is passed in complete violation of provisions contained under sub-Clause 7 of clause 8 of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 as well as the Government Order dated 05.08.2019, as such, there is no option except to restore the fair-price-shop license of the petitioner rather to remand the matter for fresh consideration/enquiry. 11. Considering the entire facts and circumstances as well as the ratio of law laid down by this Court in Sita Ram (Supra), the impugned cancellation order dated 09.05.2025 passed by the Respondent No. 3 namely Sub-Divisional Magistrate, Kerakat- Jaunpur is liable to be set aside and the same is hereby set aside. 12. The writ petition stands allowed and the licence of the fair- price-shop of the petitioner is restored. The authorities are directed to restore the supply of the essential commodities to the petitioner within a period of one month from the date of production of the certified copy of the order. 13. No order as to costs. Order Date :- 5.8.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad