VIJAY KUMAR Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
VIJAY KUMAR,Man Singh S/O Sri Bhagirath Singh,Narendra Singh S/O Sri Govind Singh
STATE OF UTTARAKHAND
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(1.) HEARD .
(2.) SINCE the controversy involved in all these three writ petitions is similar, therefore, for the sake of convenience, they are
being decided by this common judgment.
By means of these writ petitions, the petitioner in each case has sought a writ in the nature of certiorari quashing the
impugned order dated 17-12-2011 passed by the District Supply
Officer Udham Singh Nagar-respondent no.4 (Annexure-11 to the
petition) whereby after approval of the District Magistrate, the
agreement of fair price shop of the petitioners has been cancelled with
immediate effect. The Petitioners have also sought a writ of certiorari
quashing the order dated 11-1-2012 passed by the Commissioner,
Kumaun Division, Nainital, whereby the appeals preferred separately
by each of the petitioners have been dismissed.
(3.) BRIEF facts giving rise to the present writ petitions, according to the petitioners, are that the petitioners are licence holders
of fair price shops of different village within block Sitarganj, district
Udham Singh Nagar and on 23-6-2011, they lifted 25 quintals, 20
quintals and 55 quintals of rice from the godown of Senior Marketing
Inspector of the respondents and loaded the same in one truck bearing
registration No. UA-06CA-1268 for carrying the rice to their
respective fair price shops on the same day. An FIR was lodged
against the petitioners and the driver of the said truck under Section
3/7 of the ESSENTIAL COMMODITIES ACT, 1955 by the Food Supply Inspector Sitarganj with the allegations that on Bijti road, the said truck No. UA-
06-1268 was standing in front of the gate of M/s Ravi Rice Mill, Bijti Road, Sitarganj. Enquiry was allegedly made by Tehsildar and Supply
Inspector concerned from the driver of the truck, who informed that
the rice load in the truck belongs to the petitioners, which was lifted
from the Sitarganj Godown of Senior Marketing Inspector.;
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