SHAREEF HUSSAIN Vs. STATE OF U.P. THRU SECY. MINISTRY OF FOOD AND ORS.
LAWS(ALL)-2011-5-486
HIGH COURT OF ALLAHABAD
Decided on May 12,2011

Shareef Hussain Appellant
VERSUS
State Of U.P. Thru Secy. Ministry Of Food And Ors. Respondents

JUDGEMENT

Sudhir Agarwal, J. - (1.) THE writ petition is directed against the impugned orders dated 19.03.2004 passed by Deputy Collector, Swar, District Rampur whereby Petitioner's fair price agreement has been cancelled on the ground that he has violated terms and conditions of licence and also the Government orders regarding distribution of fair price commodities to beneficiaries and the appellate order dated 25.10.2004 rejecting appeal of Petitioner.
(2.) LEARNED Counsel for the Petitioner contended that both orders are wholly non -speaking and unreasoned and, therefore, are liable to be set aside. From bare perusal of cancellation order it is evident that in the first paragraph the cancelling authority has referred to various steps taken earlier regarding preliminary inquiry, issuance of show cause notice/charge -sheet and Petitioner's reply. Thereafter in one line it has said that Petitioner's reply is not found satisfactory, hence the Petitioner is found guilty of violating terms and conditions of licence as also the Government orders regarding distribution of fair price commodities to beneficiaries and, therefore, his agreement is liable to be cancelled.
(3.) SAME position is in respect to appellate order also. The appellate authority having referred to various steps taken at different level simply agree with the conclusion drawn by Deputy Collector without any discussion of facts. It is well known that "conclusions" and "reasons" are two different things and reasons must show mental exercise of authorities in arriving at a particular conclusion.;


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