High CourtsDivision Bench(2011) 08 AHC CK 0079

Jai Bhagwan vs State of U. P. and others

Allahabad High Court · Decided on 23 August 2011 · Citation: (2011) 6 AWC 5860

HON’BLE JUDGES
Sudhir Agarwal, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 47769 of 2011

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Judgment

6 paragraphs · 317 words
1.

This writ petition is directed against the order of cancellation of fair price agreement of petitioner by Deputy Collector vide order dated 11.3.2011 and appellate order dated 4.7.2011 rejecting petitioner''s appeal.

2.

The memo of appeal filed as Annexure-3 to the writ petition shows that petitioner has admitted irregularities having been committed by him in distribution of essential commodities and preparation of documents, as is evident from para 7 thereof, which is reproduced as under :

3.

He has also stated in para 5 of the memo of appeal that out of 817 A.P.L. Card holders only 27 made complaint, meaning thereby most of the persons are satisfied. However, it is not stated that the complaint made by 27 persons are false. In para 6 of the memo of appeal petitioner has said that the Government does not provide sufficient quantity of wheat to be supplied to A.P.L. Card holders but nothing has been placed on record to substantiate the aforesaid averment.

4.

On query being made by this Court that if petitioner has committed irregularities, what error has been committed by authorities concerned in cancelling his agreement, learned counsel for the petitioner submitted that he belongs to Scheduled Caste and, therefore, his error could be rectified.

5.

In the matter of committing irregularities in distribution of essential commodities, caste, creed or religion has no relevance. This is thoroughly misconceived and irrelevant argument and attempt to argue the matter in such manner has to be deprecated seriously by this Court. Once it is evident from record that a person has committed serious irregularities in distribution of essential commodities to the beneficiaries who also belong to lower and depressed class and for whose benefit the scheme has been made by Government, no leniency is to be shown to such defaulter.

6.

In view thereof, I find no error apparent on the face of record warranting interference. Dismissed