Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Distribution – Fair Price shop – Cancellation of licence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public Distribution – Fair Price shop – Cancellation of licence – Subsequent allottment during pendency of legal proceedings at the instance of the earlier allottee – Subsequent allottee, if a necessary party – Fair Price Shop licence of respondent no.9 cancelled – Appeal dismissed by Appellate Authority – In the meantime, licence to run the said fair price shop was granted in favour of appellant – Order passed by Appellate Authority challenged by respondent no.9, writ petition allowed by High Court – On appeal, held : A necessary party is a person in whose absence no effective decree could be passed by the Court – In the present case, the appellant was appointed as Fair Price Dealer through regular allotment, during the pendency of the appeal before the Appellate Authority, on a recommendation of the Tehsil Level Selection Committee – Even if a subsequent allottee does not have an independent right, he/she still has a right to be heard and to make submissions defending the order of cancellation – Appellant was a necessary party to the proceedings before High Court – Further, respondent no.9 has not only suppressed the fact about the subsequent allotment of the fair price shop to the appellant but also tried to mislead the High Court that her fair price shop was attached to another fair price shop holder – Judgment/decree obtained by fraud is a nullity – Impugned order of High Court set aside – Order passed by Deputy Collector cancelling the Fair Price Shop licence of respondent no.9 and that of the Appellate Authority dismissing her appeal are affirmed – Party – Fraud. Party – Necessary party – Who is – Discussed – Public Distribution. Fraud – Held: Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 1034 |
Petitioner | Ram Kumar |
Respondent | State Of Uttar Pradesh And Ors. |
SCR | [2022] 7 S.C.R. 231 |
Judgement Date | 2022-09-28 |
Case Number | 4528 |
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