# M/s Sajid v. State of U.P. & Ors

- **Citation:** (2025) 6 ILRA 170
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-06-10
- **Case number:** Writ C No. 38609 of 2019
- **Bench:** Prakash Padia
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/m-s-sajid-v-state-of-u-p-ors-53571
- **Pages:** 14

## Headnote

(A) Administrative Law - Fair Price Shop -
Cancellation of Licence - The Essential
commodities Act,1955 - Section 3/7 &
13(2)
-
UP
Essential
Commodities
(Regulation of Sale & Distribution Control)
Order, 2016 - Information Technology Act,
2000 - Section 43,60,66 - Cancellation of
fair price shop licence cannot be ordered
merely on the ground of lodging of a
criminal case - Government Order dated
05.08.2019
prescribes
a
mandatory
preliminary
inquiry
prior
to
cancellation/suspension
-
Failure
to
follow prescribed procedure vitiates order
of cancellation - Licence of fair price shop
cannot be cancelled only on ground of FIR
registration under Section 3/7 of the
Essential
Commodities
Act
without
conducting
proper
inquiry
under
Government
Order
dated
05.08.2019.
(Para - 32, 33, 34)

Licence of the petitioner's fair price shop
was cancelled - ground - FIR was lodged
under Section 3/7 of the U.P. Essential
Commodities Act and 66 of I.T. Act - no
preliminary inquiry as mandated by the
Government Order dated 05.08.2019 was
conducted - Statutory appeals under Clause
13(2) of Control Order, 2016 were dismissed.
(Para - 3 to 24, 31, 32)
6 All. M/s Sajid Vs. State of U.P. & Ors.
171
HELD: - Fair price shop licence/agreement
could not be cancelled on the ground of
registration of F.I.R. under Section 3/7 Essential
Commodities Act. It is mandatory for the
authorities to conduct a preliminary inquiry as
prescribed under the Government Order dated
05.08.2019 before cancelling or suspending the
licence. Since this procedure was not followed,
the
cancellation
order
is
unsustainable.
Authorities were directed to restore the fair
price shop licences forthwith. (Para 32, 33, 34,
36)

Petitions allowed. (E-7)

List of Cases cited:

## Text

_Characters 0–39,908 of 46,538. This is a partial read: ask again with offset=39908 for what follows._

170 INDIAN LAW REPORTS ALLAHABAD SERIES
the present case are different from the facts
and circumstances of the case in re: Tej
Prakash Pathak (supra) and in re:
Shankarsan Dash (supra), therefore, it
would not be applicable in the present case.

42. It is apt to note here that there
may not be any dispute on the trite law that
the appointment may be denied even after
placement in the select list.

43. Therefore, in view of what has
been considered above, I hereby set aside/
quash the impugned order dated 27.11.2019
issued by the Registrar of Baba Saheb
Bhimrao Ambedkar University, Lucknow
along with resolution of the Board of
Management dated 31.10.2018 and the
confirmation order of the Board of
Management
dated
20.08.2019,
as
mentioned in the impugned order, so far as
it relates to the petitioners of both the
aforesaid writ petitions.

44.
The
opposite
parties
are
directed to forthwith give effect to the offer
of appointment dated 08.06.2018 and
appoint the petitioners on the post of
Producer with all consequential service
benefits.

45. Accordingly, both the aforesaid
writ petitions are allowed.

46. No order as to cost.

Before parting with, I appreciate
the efforts of research work done by Mr.
Rudra Singh Krishna and Ms. Mariyam
Iqbal, Law Interns in finding out the
relevant case laws applicable in the present
case.
----------
(2025) 6 ILRA 170
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 10.06.2025

BEFORE

THE HON'BLE PRAKASH PADIA, J.

Writ C No. 38609 of 2019
With other connected cases

M/s Sajid ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Samarth Sinha, Vijay Sinha, Vishal Tandon

Counsel for the Respondents:
C.S.C.

(A) Administrative Law - Fair Price Shop -
Cancellation of Licence - The Essential
commodities Act,1955 - Section 3/7 &
13(2)
-
UP
Essential
Commodities
(Regulation of Sale & Distribution Control)
Order, 2016 - Information Technology Act,
2000 - Section 43,60,66 - Cancellation of
fair price shop licence cannot be ordered
merely on the ground of lodging of a
criminal case - Government Order dated
05.08.2019
prescribes
a
mandatory
preliminary
inquiry
prior
to
cancellation/suspension
-
Failure
to
follow prescribed procedure vitiates order
of cancellation - Licence of fair price shop
cannot be cancelled only on ground of FIR
registration under Section 3/7 of the
Essential
Commodities
Act
without
conducting
proper
inquiry
under
Government
Order
dated
05.08.2019.
(Para - 32, 33, 34)

Licence of the petitioner's fair price shop
was cancelled - ground - FIR was lodged
under Section 3/7 of the U.P. Essential
Commodities Act and 66 of I.T. Act - no
preliminary inquiry as mandated by the
Government Order dated 05.08.2019 was
conducted - Statutory appeals under Clause
13(2) of Control Order, 2016 were dismissed.
(Para - 3 to 24, 31, 32)
6 All. M/s Sajid Vs. State of U.P. & Ors.
171
HELD: - Fair price shop licence/agreement
could not be cancelled on the ground of
registration of F.I.R. under Section 3/7 Essential
Commodities Act. It is mandatory for the
authorities to conduct a preliminary inquiry as
prescribed under the Government Order dated
05.08.2019 before cancelling or suspending the
licence. Since this procedure was not followed,
the
cancellation
order
is
unsustainable.
Authorities were directed to restore the fair
price shop licences forthwith. (Para 32, 33, 34,
36)

Petitions allowed. (E-7)

List of Cases cited:

1. Bajrangi Tiwari Vs The Commissioner Devi
Patan Mandal Gonda & anr., Misc. Single No.
8033 of 2013

2. Amit Kumar Vs St. of U.P. & ors., Writ C
No.2029 of 2022

3. Mohd. Amir Vs St. of U.P. & ors., SLP (Civil)
No.25501 of 2024

(Delivered by Hon'ble Prakash Padia, J.)

1. Heard Sri Vishal Tandon,
learned counsel along with Samarth Sinha,
learned counsel for the petitioner and Sri
Ashok
Mehta,
learned
Senior
Counsel/Additional
Advocate
General
assisted by Sri Vijay Shanker Prasad,
learned Additional Chief Standing Counsel
for the respondents.

2. Since the question of law
involved in all petitions are similar i.e.,
whether
the
fair
price
shop
license/agreement
could
be
cancelled/suspended on the ground of
registration of F.I.R. under Section 3/7
Essential Commodities Act, they are being
decided by this common judgement.

Writ C No. - 38609 of 2019

3. Facts in brief as contained in this
petition are that the petitioner was fair price
shop license holder and his license of fair
price
shop
was
suspended
by
the
respondent No.3/District Supply Officer,
Meerut vide its order dated 14.09.2018
only on the ground that an F.I.R. under
Section 3/7 of Essential Commodities Act
and 66 of the I.T. Act has been lodged
against the petitioner. Aggrieved with the
aforesaid
order,
statutory
appeal
as
provided under Section Section 13(2) of
U.P. Essential Commodities (Regulation of
Sale and Distribution Control) Order, 2016
was filed by he petitioner before the
respondent No.2/Commissioner, Meerut
Division, Meerut which had been rejected
by him vide order dated 12.11.2019.
Aggrieved with the aforesaid orders, the
petitioner has preferred the present petition.

Writ C No. - 21616 of 2019

4. Facts in brief as contained in this
petition are that the petitioner was fair price
shop license holder and his license of fair
price
shop
was
suspended
by
the
respondent No.3/District Supply Officer,
Bijnor vide its order dated 06.09.2018 and
thereafter the same was cancelled vide
order dated 18.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains. Aggrieved with the aforesaid order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner, Moradabad Division,
Moradabad which had been rejected by him
vide order dated 27.05.2019.

Writ C No. - 30465 of 2019
172 INDIAN LAW REPORTS ALLAHABAD SERIES
5. Facts in brief as contained in this
petition are that the petitioner was fair price
shop license holder and his license of fair
price
shop
was
suspended
by
the
respondent No.3/District Supply Officer,
Bijnor vide its order dated 06.09.2018 and
thereafter the same was cancelled vide
order dated 19.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 66C
of the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner, Moradabad Division,
Moradabad which had been rejected by him
vide order dated 13.08.2019.

Writ C No. - 32174 of 2019

6. Facts in brief as contained in this
petition are that the petitioner was fair price
shop license holder and his license of fair
price
shop
was
suspended
by
the
respondent No.3/District Supply Officer,
Ghaziabad vide its order dated 31.08.2018
and thereafter the same was cancelled vide
order dated 10.01.2019 on the ground that
the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 43 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 28.05.2019.

Writ C No. - 32614 of 2019

7. Facts in brief as contained in this
petition are that the petitioner was fair price
shop license holder and his license of fair
price
shop
was
suspended
by
the
respondent No.3/District Supply Officer,
Ghaziabad vide its order dated 31.08.2018
and thereafter the same was cancelled vide
order dated 10.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 43 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 02.09.2019.

Writ C No. - 37063 of 2019

8. Facts in brief as contained in this
petition are that the petitioner was fair price
shop license holder and his license of fair
price
shop
was
suspended
by
the
respondent No.3/District Supply Officer,
Ghaziabad vide its order dated 31.08.2018
and thereafter the same was cancelled vide
order dated 10.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 43 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
6 All. M/s Sajid Vs. State of U.P. & Ors.
173
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 06.11.2019.

Writ C No. - 37249 of 2019

9. Facts in brief as contained in this
petition are that the petitioner was fair price
shop license holder and his license of fair
price
shop
was
suspended
by
the
respondent No.3/District Supply Officer,
Ghaziabad vide its order dated 30.08.2018
and thereafter the same was cancelled vide
order dated 20.02.2019/21.02.2019 on the
ground that the petitioner misused the
Aadhar Card many times and manipulated
the Food Grains for which an F.I.R. under
Section 3/7 of Essential Commodities Act
and 43 of the I.T. Act has been lodged
against him. Aggrieved with the aforesaid
order, statutory appeal as provided under
Section Section 13(2) of U.P. Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 08.11.2019.

Writ C No. - 38622 of 2019

10. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Meerut vide its order dated 14.09.2018 and
thereafter the same was cancelled vide
order dated 08.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 66 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 12.11.2019.

Writ C No. - 38638 of 2019

11. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Meerut vide its order dated 14.09.2018 and
thereafter the same was cancelled vide
order dated 09.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 66 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 12.11.2019.

Writ C No. - 38643 of 2019

12. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
174 INDIAN LAW REPORTS ALLAHABAD SERIES
Meerut vide its order dated 14.09.2018 and
thereafter the same was cancelled vide
order dated 09.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 66 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 12.11.2019.

Writ C No. - 38649 of 2019

13. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Meerut vide its order dated 14.09.2018
and thereafter the same was cancelled
vide order dated 09.01.2019 only on the
ground that the petitioner misused the
Aadhar
Card
many
times
and
manipulated the Food Grains for which
an F.I.R. under Section 3/7 of Essential
Commodities Act and 66 of the I.T. Act
has been lodged against him. Aggrieved
with the aforesaid order, statutory appeal
as provided under Section Section 13(2)
of
U.P.
Essential
Commodities
(Regulation of Sale and Distribution
Control) Order, 2016 was filed by he
petitioner
before
the
respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 12.11.2019.

Writ C No.40437 of 2019
14. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Ghaziabad vide its order dated 31.08.2018
and thereafter the same was cancelled vide
order dated 21.02.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 43 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 08.11.2019.

Writ C No.40444 of 2019

15. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Ghaziabad vide its order dated 31.08.2018
and thereafter the same was cancelled vide
order dated 10.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 43 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
6 All. M/s Sajid Vs. State of U.P. & Ors.
175
Meerut which had been rejected by him
vide order dated 06.11.2019.

Writ C No.40451 of 2019

16. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Ghaziabad vide its order dated 31.08.2018
and thereafter the same was cancelled vide
order dated 10.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 43 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 06.11.2019.

Writ C No.1852 of 2020

17. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Ghaziabad vide its order dated 31.08.2018
and thereafter the same was cancelled vide
order dated 10.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 43 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 18.11.2019.

Writ C No.1866 of 2020

18. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Ghaziabad vide its order dated 30.08.2018
and thereafter the same was cancelled vide
order dated 10.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and 43 of
the I.T. Act has been lodged against him.
Aggrieved
with
the
aforesaid
order,
statutory appeal as provided under Section
Section
13(2)
of
U.P.
Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Commissioner,
Meerut
Division,
Meerut which had been rejected by him
vide order dated 18.11.2019.

Writ C No. - 2382 of 2019

19. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Agra vide its order dated 30.08.2018 and
thereafter the same was cancelled vide
order dated 15.03.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
176 INDIAN LAW REPORTS ALLAHABAD SERIES
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and
under Section 420 & 120B I.P.C has been
lodged against him. Aggrieved with the
aforesaid
order,
statutory
appeal
as
provided under Section Section 13(2) of
U.P. Essential Commodities (Regulation of
Sale and Distribution Control) Order, 2016
was filed by he petitioner before the
respondent
No.2/Commissioner,
Agra
Division, Agra which had been rejected by
him vide order dated 08.11.2019.

Writ C No. - 5595 of 2020

20. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Meerut vide its order dated 14.09.2018 and
thereafter the same was cancelled vide
order dated 22.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act has been
lodged against him. Aggrieved with the
aforesaid
order,
statutory
appeal
as
provided under Section Section 13(2) of
U.P. Essential Commodities (Regulation of
Sale and Distribution Control) Order, 2016
was filed by he petitioner before the
respondent No.2/Commissioner, Meerut
Division, Meerut which had been rejected
by him vide order dated 14.11.2019.

Writ C No. - 21467 of 2020

21. Facts in brief as contained in this
petition are that the petitioner was fair price
shop license holder and his license of fair
price shop was suspended by the respondent
No.3/District Supply Officer, Amroha vide its
order dated 11.09.2018 and thereafter the
same was cancelled vide order dated
05.03.2019 only on the ground that the
petitioner misused the Aadhar Card many
times and manipulated the Food Grains for
which an F.I.R. under Section 3/7 of
Essential Commodities Act and under
Sections 420, 467 & 468 I.P.C. Act has been
lodged against him. Aggrieved with the
aforesaid order, statutory appeal as provided
under Section Section 13(2) of U.P. Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Additional
Commissioner
(Administration),
Moradabad
Division,
Moradabad which had been rejected by him
vide order dated 24.02.2020.

Writ C No. - 21533 of 2020

22. Facts in brief as contained in this
writ ptition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Amroha vide its order dated 11.09.2018 and
thereafter the same was cancelled vide order
dated 05.03.2019 only on the ground that the
petitioner misused the Aadhar Card many
times and manipulated the Food Grains for
which an F.I.R. under Section 3/7 of
Essential Commodities Act and under
Sections 420, 467 & 468 I.P.C. Act has been
lodged against him. Aggrieved with the
aforesaid order, statutory appeal as provided
under Section Section 13(2) of U.P. Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.2/Additional
Commissioner
(Administration),
Moradabad
Division,
Moradabad which had been rejected by him
vide order dated 24.02.2020.

Writ C No. - 22154 of 2020
6 All. M/s Sajid Vs. State of U.P. & Ors.
177
23. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Amroha vide its order dated 30.08.2018
and thereafter the same was cancelled vide
order dated 01.04.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food
Grains for which an F.I.R. under Section
3/7 of Essential Commodities Act and
under Sections 420, 467 & 468 I.P.C. Act
has been lodged against him. Aggrieved
with the aforesaid order, statutory appeal as
provided under Section Section 13(2) of
U.P. Essential Commodities (Regulation of
Sale and Distribution Control) Order, 2016
was filed by he petitioner before the
respondent No.2/Additional Commissioner
(Administration),
Moradabad
Division,
Moradabad which had been rejected by him
vide order dated 24.02.2019.

Writ C No. - 17812 of 2023

24. Facts in brief as contained in
this petition are that the petitioner was fair
price shop license holder and his license of
fair price shop was suspended by the
respondent No.3/District Supply Officer,
Moradabad vide its order dated 06.09.2018
and thereafter the same was cancelled vide
order dated 08.01.2019 only on the ground
that the petitioner misused the Aadhar Card
many times and manipulated the Food Grains
for which an F.I.R. under Section 3/7 of
Essential Commodities Act and under
Sections 417, & 419 I.P.C. Act has been
lodged against him. Aggrieved with the
aforesaid order, statutory appeal as provided
under Section Section 13(2) of U.P. Essential
Commodities (Regulation of Sale and
Distribution Control) Order, 2016 was filed
by he petitioner before the respondent
No.4/Additional
Commissioner
Second,
Moradabad Division, Moradabad which had
been rejected by him vide order dated
05.03.2020.Against the aforesaid order, a
review application has also been filed before
him which was also rejected by the
respondent No.4 vide its order dated
07.09.2022.

25. It is argued by learned counsel
for the petitioners in all the aforesaid writ
petitions that statement of ration card holders
were not recorded by the Inquiry Officer in
the presence of the petitioner nor opportunity
of hearing was provided to him to crossexamine the aforesaid witnesses. It is further
stated in the writ petition that no full-fledged
enquiry has been conducted against the
petitioner (Fair Price Shop Dealer) and no
charge sheet has been served upon the
petitioner and no date and place of hearing has
been informed to the petitioner in respect of the
enquiry conducted against him prior passing the
impugned termination order. It is further stated
that the license of the fair price shop could not
be cancelled only on the ground that the F.I.R.
has been lodged against the petitioner under
Section 3/7 Essential Commodities Act. It is
argued that the controversy involved in all the
aforesaid writ petitions has already been settled
up by the Full Bench of this Court Court in the
case of Misc. Single No. 8033 of 2013
delivered on 26.10.2017 Bajrangi Tiwari Vs.
The Commissioner Devi Patan Mandal
Gonda And Another in which following
questions were referred to the larger Bench
which reads as follows:-

 "1. Whether the fair price shop
licence can be cancelled merely on lodging
of a criminal case against the licencee?;
and

 2. Whether, while passing any
such order the Government Order dated
178 INDIAN LAW REPORTS ALLAHABAD SERIES
17.8.2002, particularly para-10 of said
Government
Order
would
be
applicable/considered or not?"

26. The answers of the aforesaid
questions have been given by the Full
Bench which reads as follows:-

 (i) The answer is no. Licence of a
fair price shop cannot be cancelled merely
on lodging of FIR against the licencee.

 (ii) The answer is no. The
Government order dated 17.8.2002 relates
to allotment of a fair price shop and hence
the same cannot be referred to in
suspension/cancellation of licence. It is the
Government
order
dated
29.7.2014
according
to
which
the
suspension/cancellation of a fair price shop
licence can take place.

27. It is further argued that the
provisions contained in the Government
Order
dated
05.08.2019
should
be
complied with by the respondents before
passing the aforesaid orders but the same
was not complied with. Hence the order
is bad in the eyes of law and the same is
liable to be set aside. It is argued that a
writ petition was filed by one Amit
Kumar being Writ C No.2029 of 2022
(Amit Kumar Vs. State of U.P. and
others) before this Court and this Court
taking into consideration the order passed
by Full Bench of this Court in the case of
Bajrangi Tiwari (supra) allowed the writ
petition vide order dated 11.09.2024
holding therein that fair price shop
license could not be cancelled merely on
the ground of lodging of F.I.R. under
Section 3/7 Essential Commodities Act.
The order dated 11.09.2024 reads as
follows:-

 1. Heard Sri Vishal Tandon,
learned counsel for the petitioner and Sri
Ravindra Kumar Tripathi, learned Standing
Counsel for the State.

 2. Brief facts of the case are that
petitioner was granted a licence for fair
price shop and petitioner was running the
fair price shop since long. Proceeding
against the petitioner was initiated and the
licence of the petitioner was cancelled vide
order dated 26.12.2018. Appeal filed by
petitioner against the cancellation order
dated 26.12.2018 was also dismissed vide
order dated 4.3.2021. Hence, this writ
petition is filed for following reliefs:-

 "i) Issue a writ, order or direction
in the nature of certiorari quashing the
impugned order dated 04.03.2021 passed
by Joint Commissioner Food Saharanpur
in appeal no.93/2020-21 and 94/2020-21
and order dated 26.12.2018 and 1.9.2018
passed
by
District
Supply
Inspector
Muzaffar Nagar.

 ii) Issue a writ, order or direction
in the nature of mandamus directing to the
respondent authorities to restore the fare
price shop license in favour of the
petitioner.

 iii) Issue a writ, order or
direction which this Hon'ble Court may
deem fit and proper in the facts and
circumstances of the case."

 3. This Court vide order dated
11.02.2022 entertained the matter and
directed the State to file counter affidavit.

 4. In pursuance of the order
dated 11.02.2022 the pleadings have been
exchanged between the parties.
6 All. M/s Sajid Vs. State of U.P. & Ors.
179
 5. Learned counsel for the
petitioner submitted that fair price shop
licence of the petitioner has been cancelled
in violation of the provisions contained
under
the
Government
Order
dated
05.08.2019 as well as provisions contained
under the U.P. Essential Commodities
(Regulation of Sale and Distribution
Control) Order, 2016. He next submitted
that no preliminary enquiry has been
conducted in the matter and the licence of
the petitioner has been cancelled on misconceived grounds. He submitted that
lodging of First Information Report under
Section
3/7
of
the
U.P.
Essential
Commodities Act 1955 can not be a ground
for the suspension or cancellation of the
fair price shop licence unless there is
proper enquiry in the matter He placed the
reliance on the Full Bench Judgment of this
Court passed in Misc. Single No. 8033 of
2013. D/d. 26.10.2017 Bajrangi Tiwari Vs.
The Commissioner Devi Patan Mandal
Gonda
And
Another
in
order
to
demonstrate that on the ground of lodging
first information report, fair price shop
licence cannot be cancelled. He submitted
that in view of the violation of the
mandatory provisions contained under the
Government Order dated 05.08.2019 and
the Control Order, 2016 the impugned
orders can not be sustained and are liable
to be set aside by this Court.

 6. Learned Standing Counsel for
the State submitted that proceedings were
initiated against the petitioner and it has
been found that there was irregularity on
the part of the petitioner regarding
distribution of essential commodities to the
cardholders, as such licence of the
petitioner has rightly been cancelled. He
submitted that criminal proceeding was
also initiated against the petitioner and the
First Information Report has been lodged
under
Section
3/7
of
the
Essential
Commodities Act and Section 420 of Indian
Penal Code as such no interference is
required in the matter and the writ petition
is liable to be dismissed.

 7.
I
have
considered
the
arguments advanced by the learned counsel
for the parties and perused the record.

 8. There is no dispute about the
fact that petitioner was granted fair price
shop licence by the Authorities. There is
also no dispute about the fact that under
the impugned order, the petitioner's licence
has been cancelled and the appeal has also
been dismissed.

 9. In order to appreciate the
controversy involved in the matter a
perusal of the Government Order dated
05.08.2019, which is applicable to Rural
and Urban Area in respect to the
suspension/cancellation of the fair price
shop licence will be necessary which is as
under:

 प्रेिि,

ओम प्रिाश वमाप,
नवशेि सनचव,
उत्तर प्रदेश शासन।

सेवा में,

1- आयुक्त, खाद्य एवां रसद नविाग,
उ०प्र०।
2- समस्त नजलानधिारी, उत्तर प्रदेश।
3- समस्त नजला पूनतप अनधिारी,

उत्तर प्रदेश।
खाद्य एवां रसद अनुिाग-6
लखनऊः नदनाांि 05 अगस्त, 2019
180 INDIAN LAW REPORTS ALLAHABAD SERIES
नवियः ग्रामीण एवां शहरी क्षेत्र िी उनचत
दर िी दुिानों िे ननलम्बन/ननरस्तीिरण एवां
सम्बद्धीिरण िे सम्बन्ध में प्रनिया िा ननधापरण।

महोदय,

 उपयुपक्त नवियि लनक्षत सावपजननि नवतरण प्रणाली
िे अन्तगपत िायपरत उनचत दर दुिानों िे नवरूद्ध प्राप्त नशिायतों िी
जाांच एवां तत्िम में उनिे नवरुद्ध सांपानदत िी जाने वाली
िायपवानहयों यथा ननलम्बन, ननरस्तीिरण एवां सम्बद्धीिरण िे
सम्बन्ध में समय-समय पर नवनिन्न शासनादेशों िे माध्यम से ननदेश
प्रसाररत निये गये हैं। वतपमान में लागू राष्ट्रीय खाद्य सुरक्षा
अनधननयम-2013 एवां तत्िम में जारी उत्तर प्रदेश आवश्यि वस्तु
(नविय एवां नवतरण ननयांत्रण िा नवननयमन) आदेश-2016 तथा
उत्तर प्रदेश खाद्य सुरक्षा ननयमावली-2015 िे प्रख्यापन तथा
लािानथपयों िो आवश्यि वस्तुओां िे नवतरण में तिनीिी अनुप्रयोग
(पनललि पोर्पल पर सम्बद्ध लािानथपयों िा ऑनलाइन प्रदशपन एवां
तद्नुसार आवांर्न िा सृजन तथा ई०पी०ओ०एस० मशीनों िे माध्यम
से िराये जा रहे नवतरण) तथा डोर स्र्ेप नडलीवरी िा िायप प्रचनलत
होने िे दृनिगत पूवप में ननगपत समस्त शासनादेशों िो अविनमत िरते
हुये वतपमान पररदृश्य में ननम्नवत व्यवस्था नननदपि निये जाने िा मुझे
ननदेश हुआ है:-

 1- उनचत दर दुिानों िे नवरूद्ध प्राप्त नशिायतों िी
जाांच-
 (1) उनचत दर नविेताओां िे नवरूद्ध सामान्यतया
आवश्यि वस्तुएँ प्राप्त न होने, नविेता द्वारा घर्तौली निये जाने,
अनधि मूल्य नलये जाने, एवां सूची में नाम न होने िा बहाना बनािर
खाद्यान्न न देने, ई-पॉस मशीन में नेर्विप न आने सवपर डाउन होने
िा बहाना बनािर खाद्यान्न नवतरण िे पूवप ही बायोमेनरि
प्रमाणीिरण िरािर लािानथपयों िो वास्तव में खाद्यान्न न देिर
िालाबाजारी िर लेने तथा यूननर् िे सापेक्ष िम खाद्यान्न देने, िाडप
में दजप यूननर्ों िे सापेक्ष िम यूननर् िे आधार र्ीड होने िा आधार
लेिर शेि यूननर्ों िा खाद्यान्न न देने, उपिोक्ताओां से दुव्यपवहार
िरने, समय से दुिान न खोलने, आवश्यि सूचनाओां िा प्रदशपन न
िरने, आनद नशिायतें प्राप्त होती है। नशिायत मुख्यतः मा० मुख्यमांत्री
हेल्प लाइन, नविागीय र्ोल फ्री नम्बर िॉल सेन्र्र,
आई०जी०आर०एस०, तहसील नदवस, उप नजलानधिारी, नजला पूनतप
अनधिारी, नजलानधिारी, मण्डलायुक्त, खाद्यायुक्त एवां शासन पर
नलनखत में डाि द्वारा, व्यनक्तगत रूप से एवां दूरिाि पर प्राप्त होती हैं।
नशिायतिताप मुख्यतः तीन प्रिार िे हो सिते हैं, यथा नवनशि व्यनक्त,
सम्बनन्धत उनचत दर नविेता से सम्बद्ध िाडपधारि एवां सम्बनन्धत उनचत
दर नविेता से सम्बद्ध लािानथपयों से निन्न अन्य श्रोत/व्यनक्तयों िे स्तर
से प्राप्त नशिायतें।

 (2) उपरोक्तानुसार प्राप्त होने वाली नशिायतों पर
िायपवाही जाँच िे सम्बन्ध में ननम्नवत प्रनिया अपनायी जाये-

 (ि) नवनशि व्यनक्तयों से प्राप्त नशिायती पत्रों िे
सम्बन्ध में िायपवाही आरम्ि िरने से पूवप सम्बनन्धत नवनशि व्यनक्त िो
पत्र िेजिर यह पुनि िर ली जाय नि पत्र उन्हीं िे द्वारा हस्ताक्षररत है
और नशिायतों िे सम्बन्ध में उनिो समाधान हो गया नि नशिायतें
तथ्यों पर आधाररत हैं।
 (ख) सम्बनन्धत उनचत दर नविेता से सम्बद्ध िाडपधारिों
िे स्तर से प्राप्त नशिायतों पर िायपवाही से पूवप नशिायतों िी प्रारनम्िि
जाँच िी जाए। उनचत दर दुिानों िे नवरूद्ध जाँच प्रनिया िे दौरान नविेता
द्वारा ई-पॉस िे माध्यम से निये गये नवतरण िा नववरण (एम०आई०एस०
ररपोर्प) जो पनललि पोर्पल पर उपललध है, िा सांज्ञान अवश्य नलया जाय।
नविेता द्वारा प्रदनशपत नवतरण िा नमलान िाडपधारिों िे राशन िाडप में
दुिानदारों द्वारा िी गयी प्रनवनियों से िी निया जा सिता है। साथ ही
नशिायतिताप व अन्य सम्बनन्धत पक्षों िा िथन अांनित िरते समय उनिा
प्रनतपरीक्षण िी अवश्य निया जाये तानि जाँच िायपवाही िी ननष्ट्पक्षता
प्रथम दृिया स्थानपत हो एवां अनावश्यि नलनर्गेशन िी नस्थनत उत्पन्न न
हो। (ग) अन्य स्रोतों/व्यनक्तयों से प्राप्त नशिायतों िे सम्बन्ध में यनद
नशिायती पत्र शपथ पत्र से समनथपत नहीं है, तो नशिायतिताप से इस बारे
में एि शपथ पत्र उपललध िराने िो िहा जाए और शपथ पत्र प्राप्त होने िे
उपरान्त ही आगे िी िायपवाही िी जाए।

 (घ) उनचत दर नविेता िे नवरूद्ध निसी एि या अत्यन्त
अल्प सांख्या में उपिोक्ताओां द्वारा उनचत दर नविेता िी दुिान पर जाने िे
बावजूद अपना अनुमन्य खाद्यान्न प्राप्त न होने िी नस्थनत में वे अपनी
नशिायत नजला नशिायत ननवारण अनधिारी िे समक्ष िी दजप िरा सिते
हैं, जो ननधापररत प्रनिया िा पालन िरते हुए प्रिरण िे परीक्षणोपरान्त उसिी
ननयमानुसार हिदारी/खाद्य सुरक्षा ित्ता नदलाया जाना सुनननित िरेंगे।"

 10. A perusal of the Government
Order as quoted above fully demonstrates
that preliminary inquiry is to be conducted
by the Authorities before suspension/
cancellation of the fair price shop licence
of the licence holder.

 11. Perusal of the aforesaid
Government Order dated 05.08.2019 as
6 All. M/s Sajid Vs. State of U.P. & Ors.
181
well as impugned orders and other
evidence on record reveals that procedure
prescribed under the Government Order
has not been followed by the authority and
the licence of the petitioner has been
cancelled
on
the
ground
that
first
information report has been lodged against
the petitioner under Section 3/7 of the U.P.
Essential Commodities Act and Section 420
of Indian Penal Code. In full Bench
judgment of this Court in Bajrangi Tiwari
(Supra) it has been clearly held that fair
price shop can not be cancelled merely on
the ground of lodging criminal case.

 12. Considering the entire facts
and circumstances of the case as well as
the ratio of law laid down by the Full
Bench of this Court in Bajrangi Tiwari
(Supra)
impugned
order
dated
26.12.2018 passed by the respondent no.
3 and appellate order dated 4.3.2021
passed by the respondent no. 2 are liable
to be set aside and the same are hereby
set aside.

 13. The writ petition stands
allowed and the respondents are directed
to restore the fair price shop licence of the
petitioner forthwith.

 14. No order as to costs.

28.
The
aforesaid
order
was
challenged before the Hon'ble Supreme
Court by one Mohd. Amir by filing Special
Leave Petition (Civil) No.25501 of 2024
(Mohd. Amir Vs. State of U.P. and others)
and the aforesaid S.LP. was dismissed by
the Hon'ble Supreme Court vide order
dated
21.04.2025.
The
order
dated
21.04.2025 reads as follows:-

 1. We are not inclined to interfere
with the impugned judgement and order of
the High Court; hence, the special leave
petitions are dismissed.

 2. Pending application(s), if any,
shall stand disposed of.

29. On the other hand, it is argued
by
learned
Senior
Counsel
for
the
respondents that proper enquiry was
conducted wherein it was found that
petitioner has misused Aadhar card for
withdrawing food grains illegally from
various
ration
cards
through
FPS
Automation
System
through
E-POS
machine and black marketed them pursuant
to the aforesaid offence committed by the
petitioner and the F.I.R. has already been
registered. In this view of the matter, it is
argued that the action was rightly taken by
the respondents against the petitioner.
Insofar as the law laid down by this Court
in the case of Bajrangi (supra) and Amit
Kumar (supra) is concerned, learned
Standing Counsel has admitted that the
controversy involved in all the aforesaid
petitions has also been settled up to the
Hon'ble Supreme Court and law has been
laid down that the fair price shop license
could not be cancelled only on the ground
of registration of F.I.R. under Section 3/7
Essential Commodities Act.

30. Heard learned counsel for the
parties and perused the record.

31. There is no dispute about the
fact that petitioner of all the aforesaid writ
petitions was granted fair price shop
licence by the Authorities and by the
impugned order, the petitioner's licence of
fair price shop has been cancelled on the
ground that the F.I.R. has been lodged
under
Section
3/7
of
Essential
Commodities Act for misusing the Aadhar
Card and malpractice in distribution of
182 INDIAN LAW REPORTS ALLAHABAD SERIES
food grains and the appeal filed against the
aforesaid order has also been dismissed.

32.
From
perusal
of
the
Government Order dated 05.08.2019 which
is quoted above in the judgement of Amit
Kumar (supra) fully demonstrates that
preliminary inquiry is to be conducted by
the
Authorities
before
suspension/cancellation of the fair price
shop licence of the licence holder.