Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35661 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Manoj Kumar Singh, learned counsel for the petitioner, Sri R.K.Tripathi, learned Standing Counsel and Sri S. Shahi for respondent no.7. 2. Petitioner's fair price of license was suspended on 7.6.2010 on a ground that on inspection 3.15 quintal of sugar and 4 quintal of A.P.L wheat were found less and accordingly an F.I.R was lodged against the petitioner. 3. By way of suspension, a notice was also issued and an explanation was sought from the petitioner. 4. Petitioner submitted his explanation on 13.9.2010 that inspection was conducted in his presence but disputed the inspection report. The explanation given by him was found unsatisfactory since stock register was also found incomplete, therefore, petitioner's fair price shop license was cancelled vide an order dated 25.9.2010 taking note of fact of lodging F.I.R. and appeal thereof was dismissed vide an order dated
31.5.2011. 5. The petitioner has not challenged both the above referred orders at the relevant time and participated in the trial and finally vide an order dated 10.4.2026 judgement of acquittal was passed granting benefit of doubt since prosecution witnesses did not appear. 6. In the aforesaid circumstances, petitioner filed an application before the Versus Counsel for Petitioner(s) : Ashutosh Pratap Singh, Manoj Kumar Singh Counsel for Respondent(s) : C.S.C. Nabab Singh .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
Licensing Authority to restore his license on a ground that order of cancellation of license and appeal thereof were passed only on basis of an F.I.R lodged without any other consideration and now an order of acquittal is being passed. Said application was dismissed vide an order dated 21.7.2026 taking note that proper inquiry was conducted, as a charge-sheet was issued and since explanation submitted by the petitioner was not found satisfactory, then only order of cancellation of fair price shop license was passed and subsequently appeal thereof was also rejected. 7. Learned counsel for the petitioner submitted the orders passed by Licensing Authority and Appellate Authority were only on a fact that an F.I.R. was lodged against the petitioner under Section 3/7 of Essential Commodities Act and no other inquiry was conducted. 8.
After going through the order dated 25.9.2010 passed by the Licensing Authority and the order dated 31.5.2011 passed by the Appellate Authority, Court finds that not only a charge-sheet was issued, but an explanation was also sought from the petitioner which was found unsatisfactory, therefore, fair price shop license of petitioner was cancelled. It is not a case where orders were passed only on a ground that an F.I.R. was lodged. 9. In above circumstances, an attempt to challenge the orders dated 25.9.2010 and 31.5.2011 cannot be allowed at such belated stage i.e. after 15 years. 10. In the aforesaid circumstances, since the orders passed by Licensing Authority as well as Appellate Authority are still in existence, therefore, a subsequent event of acquittal in criminal trial cannot be considered as a factor to review it. 11. Writ Petition is accordingly dismissed. September 9, 2026 SB WRIC No. 35661 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad