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Civil · Reportable judgment

Meera Mishra vs Satish Kumar & Ors.

Court
Supreme Court of India
Date
3 December 2018
Case No.
Civil Appeal No. 11763 of 2018
Result
Partly allowed
Bench
Abhay Manohar Sapre, Indu Malhotra
Citation
[2018] 14 S.C.R. 1205 : 2018 INSC 1133
Supreme Court Reports [2018] 14 S.C.R. 1205 : 2018 INSC 1133
Headnote

Public Distribution System: Fair Price shop – Cancellation of licence – Dispute relating to a fair price shop between the two private individuals namely, appellant and respondent no.1 – Magistrate cancelled the licence of respondent no.1 in relation to the shop in question – Commissioner dismissed the appeal – High Court allowed the writ petition filed by respondent no.1 mainly on the ground that it was not a reasoned order and that the Commissioner did not discuss all the issues arising in the case – In the instant appeal, appellant challenged the order of High Court on the ground that same adversely affected his right to run the shop – Held: High Court having held that the order of the Commissioner was not legally sustainable because it was an unreasoned order, had an option to either decide the controversy on merits in the writ petition itself or remand the case to the Commissioner for deciding the appeals afresh on merits – Since High Court did not exercise any option, neither the Commissioner could record any finding on merits nor the High Court – Matter remanded back to the Commissioner to enable him to examine the merits of the case in accordance with law.

Partly allowing the appeal and remitting the matter to Commissioner, the Court

HELD : The parties were entitled for a decision of their case on merits by the Appellate Court (Commissioner) and then by the High Court in its writ jurisdiction. In this case, neither the Commissioner could record any finding on the merits and nor the High Court. [Para 13][1207-E-F]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 12.07.2018 passed by the High Court of Judicature at Allahabad, Bench at Lucknow in Writ Petition No.3476 of 2007 whereby the Single Judge of the High Court allowed the writ petition filed by respondent No.1 herein and set aside the order dated 14.02.2007 passed by the Sub-Divisional Magistrate, Mishrit cancelling the license of respondent No.1 for fair price shop and order dated 07.06.2007 passed by the Commissioner, Lucknow Division, Lu
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