Decided on July 26,2012

VIJAY KUMAR,Man Singh S/O Sri Bhagirath Singh,Narendra Singh S/O Sri Govind Singh Appellant


B.S.VERMA,J. - (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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