2026:UHC:1521-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Special Appeal No.85 of 2021 March 10, 2026 Mohd. Shammi ---Appellant Versus State of Uttarakhand & Others ---Respondents -------------------------------------------------------------- Presence:- Mr. Bilal Ahmed, learned counsel for the appellant Mr. Yogesh Tiwari, learned Standing Counsel for the State -------------------------------------------------------------- JUDGMENT: (per Sri Manoj Kumar Gupta, C.J.) 1. The present intra-court appeal is directed against the order dated 18.12.2020 passed by learned Single Judge in WPMS No.2428/2020, whereby the writ petition filed by the appellant challenging the order dated 02.02.2015, suspending the fair price shop license of the petitioner, and the order dated 10.08.2020, cancelling the fair price shop license, was dismissed. 2. The learned Single Judge has held that the finding recorded in the impugned orders that, the petitioner had lifted food grains meant for distribution through Public Distribution System and had sold the same in black market, was a finding of fact and required 1 2026:UHC:1521-DB no interference in the writ jurisdiction. 3. Learned counsel for the appellant submits that a criminal case was registered against the appellant on the same allegations. The criminal proceedings have culminated in favour of the appellant with his acquittal. He submits that, in such circumstances, the order cancelling the fair price shop license, deserves to be revisited. He seeks liberty to approach the concerned respondent with request to revoke the cancellation order. 4. Accordingly, the appeal is disposed of with liberty to the appellant to approach the concerned respondent, with his request for revocation of the cancellation order. In the event, any such application is filed, the same shall be disposed of by the concerned respondent, expeditiously, preferably within six weeks. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 10.03.2026 Rajni 2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db484 48ac3701a9ae475a2547e4b7f1d9b1f17 d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4 DF4FC80D4557562F95BEBA013F53061 6A158A0A878BD8, cn=RAJINI GUSAIN Date: 2026.03.10 17:07:00 +05'30'