M/S. Ran Singh Yadav Vs. A.D.M. Civil Supplies, Ghaziabad and Another - Court Judgment

Excerpt:
civil - order for suspension of shop operation - articles 14 and 226 of constitution of india - authority orders to suspend the operation of shop - on ground of vague irregularities - without any specific material reasons - writ petition allowed and quashed the impugned order. - orderm.k. mukherjee, c.j.the petitioner, who happens to be a fair price shop owner, challenges an order dated 14-1-1992, passed by the additional district magistrate (civil supplies), ghaziabad, whereby the operation of the shop has been suspended anddirection has been issued for production of relevant records relating to the shop. on a perusal of the impugned order, we are in complete agreement with the learned advocate for the petitioner that the same cannot be legally sustained having regard to the fact that it does not contain any material or reasons which weighed with the issuing authority to suspend the operation of the shop. apart from the delightful vague expression that certain irregularities were found, there is nothing in the impugned order to justify the suspension. we, therefore, allow this writ petition and quash the impugned order and direct the authority concerned to recall any order that might have been passed pursuant to the said order of suspension.2. by way of abundant caution, we may mention that this order of ours will not stand in the way of concerned authority to proceed in the matter in accordance with law.3. petition allowed.

Judgment:
ORDER

M.K. Mukherjee, C.J.

The petitioner, who happens to be a fair price shop owner, challenges an order dated 14-1-1992, passed by the Additional District Magistrate (Civil Supplies), Ghaziabad, whereby the operation of the shop has been suspended anddirection has been issued for production of relevant records relating to the shop. On a perusal of the impugned order, we are in complete agreement with the learned Advocate for the petitioner that the same cannot be legally sustained having regard to the fact that it does not contain any material or reasons which weighed with the issuing authority to suspend the operation of the shop. Apart from the delightful vague expression that certain irregularities were found, there is nothing in the impugned order to justify the suspension. We, therefore, allow this writ petition and quash the impugned order and direct the authority concerned to recall any order that might have been passed pursuant to the said order of suspension.

2. By way of abundant caution, we may mention that this order of ours will not stand in the way of concerned authority to proceed in the matter in accordance with law.

3. Petition allowed.