In a recent case, the impugned orders that canceled the license of the Fair Price Shop were challenged by means of filing a writ petition before the Allahabad High Court invoking the extraordinary jurisdiction of High Court under Article 226 of the Constitution of India.
The petitioner is an owner of the fair price shop (FPS). It was inspected by the Tehsildar, Supply Inspector, and Lekhpal, to verify if there were foodgrains at his Shop that he lifted recently. The inquiry concluded that there was a shortage of rice, wheat, and sugar, and in light of the same, it concluded that the petitioner had engaged in Black Marketing.
First Information Report was registered under Section 3/7 of the Essential Commodities Act 1955 against the petitioner. The Shop of the petitioner was suspended and the petitioner was served a notice to show cause for the shortfall in the inspection.
Petitioner wrote a reply stating that he was not present during the inspection and that there was no shortfall but the remainder was kept in an adjacent room. Further, the petitioner requested to conduct another inspection of the neighboring room so that it could be made clear that there was no black marketing and all the foodgrains were there.
The petitioner submitted multiple requests for another inspection of the neighboring room. Instead of inspecting the adjacent third room, the Respondent authorities ignored the petitioner’s requests and submitted before the Court that this was an idea to save his skin. Moreover, later, the License was canceled by means of impugned order against which an appeal was filed before the Commissioner which upheld the cancellation order.
The Hon’ble Allahabad High Court found the argument of the respondent authorities vague and issued a writ in the nature of certiorari quashing the impugned orders by Sub-Divisional Officer and Commissioner stating that such orders cannot be sustained in the eyes of law, and are, therefore, quashed as they violate the existing law for the procedure to be followed, laid down by the Government Orders dated 29.07.2004 and 14.10.2004.
You can read the whole judgment here: