HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 37567 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Shaurya Sharma, Advocate holding brief of Sri U.P. Singh, learned counsel for petitioner and Sri Rajesh Kumar Sharma, learned Additional Chief Standing Counsel for State-Respondents. 2. Petitioner has come up before this Court challenging order dated 26.02.2026 passed by Sub Divisional Magistrate, Tehsil Billair, District Kanpur Nagar, whereby fair price shop licence of petitioner was cancelled and challenging order dated 07.07.2026 passed by Additional Commissioner Administration, Kanpur Division, whereby petitioner's appeal against aforesaid order was rejected. 3. After hearing learned counsel for parties, Court finds that due to following reasons a case of remand is made out that Appellate Authority may hear appeal afresh: (a) Petitioner's fair price shop licence was cancelled onground that during inspection 40 card holders have given their respective statements that there were certain irregularities in distribution of essential commodities, however, when explanation was filed by petitioner, affidavits of 32 such card holders or their close relatives were submitted that complaints were made under wrong impression. The contents of affidavits were verified also and deponents thereof have remained consistent on the contents made in affidavits, still impugned orders were passed rejecting said explanation Versus Counsel for Petitioner(s) : Umesh Prasad Singh Counsel for Respondent(s) : C.S.C. Asalam .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) without any specific reason. (b) Petitioner has made a specific statement that out of 40 persons, who have made complaints against licensee, at least 5 persons were not card holders of petitioner's shop, which has not been denied or no specific finding was returned against said submission either by Licensing Authority or by Appellate Authority. (c) Licensing Authority or Appellate Authority have also not taken steps to verify the statements of remaining card holders, whether they still repeats the contents of complaint. (d) It may be a case that some of the deponents who have given affidavits in favour of petitioner were not the complainants or the persons, whose statements were recorded, but without verifying from said card holders, the affidavits may not be rejected outrightly. (e) The Court also takes note that Appellate Authority has passed order essential in its paragraph no. 4, which is running in more than five pages and probably the facts are mixed. 4. In aforesaid circumstances, impugned order dated 07.07.2026 passed by Appellate Authority is hereby set aside and matter is remitted to pass a fresh order within a period of three months from today taking note of observations made hereinabove. 5. The writ petition is accordingly disposed of. September 18, 2026 AK WRIC No. 37567 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad