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Court No. 1.
Writ Petition No. 7050 (MB) of 2010
Anuj Kumar Singh
Vs.
Commissioner of Food and Supply and others.
Hon'ble Pradeep Kant, J.
Hon’ble Ritu Raj Awasthi, J.
The petitioner appears to be aggrieved by the alleged non-supply of
essential commodities. Though he claims himself to be the BPL card holder,
but he has made a prayer that the revocation of suspension of the agreement
of sitting fair price shop dealer is per se illegal, therefore, an enquiry be
directed to be conducted.
Sri Mukund Tiwari, learned Additional Chief Standing Counsel, has
rightly pointed out that the sitting fair price shop dealer has not been
impleaded as a party in the writ petition and, therefore, the petition is not
maintainable on this ground alone.
Apart from this, we find that the Sub Divisional Magistrate after
suspending the agreement of the sitting dealer Smt. Ram Peyari, had made
an enquiry and after receiving explanation, has found that it was not a
deliberate irregularity on the part of the dealer and has revoked the
suspension order after forfeiting the security amount.
Needless to mention that in every case, where the agreement of the
fair price shop dealer is suspended, it is not necessary that the agreement
must be cancelled. Some other punishment as in the instant case, can also
be awarded.
It is also to be taken care of that, out of hundreds of card holders,
who are attached to one particular shop, if one card holder approaches the
Court seeking a direction for conducting an enquiry against the sitting fair
price shop dealer, it will create unnecessary obstacle in discharge of
function of the fair price shop dealer.
We are noticing that every day one or two petitions are filed by the
individual card holders asking for issuance of writ in the nature of
mandamus for holding the enquiry. Unless, of course, the complaint is very
serious, and the authority concerned, despite approach being made, is not
taking any action, the Court would hardly interfere in such matters.
In case the petitioner or for that matter any card holder is having any
grievance regarding the functioning of the sitting fair price shop dealer, he
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is always at liberty to make a representation to the District Magistrate, who
shall look into his grievance and pass appropriate orders, in accordance with
law.
With the aforesaid liberty, the writ petition is dismissed.
Dated: 28.7.2010
Sachin