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Smt. Satyawati v. State Of U.P. Thru Secry, & Others - WRIT - C No. 28280 of 2004  RD-AH 20784 (8 December 2006)
Hon'ble Rajes Kumar, J.
By means of the present application, petitioner has sought modification in the order-dated 28.04.2006, by which the writ petition has been directed to be listed after the decision of the Larger Bench. The aforesaid order dated 28.04.2006 was passed on the ground that the matter relates to the cancellation of licence of fair price shop and in Writ Petition No.33921 of 2003 this Court held that the writ petition is not maintainable and against the said order Special Appeal No.323 of 2004 is pending and the matter has been referred to the Larger Bench of this Court. Learned counsel for the petitioner submitted that present is not the case relating to the cancellation of licence of fair price shop. He submitted that the impugned fair price shop was earlier allotted to one Sri Pooran Mal and the said allotment was cancelled by S.D.M., Kol, district Aligarh vide order dated 22.05.1998. Against the said order, Pooran Mal filed appeal before the Commissioner Agra Division, Agra, which was allowed on 10.03.2004. He submitted that after the cancellation of the allotment in the case of Pooran Mal, fair price shop was allotted to the petitioner and the petitioner was running the fair price shop. He submitted that the Commissioner Agra Division, Agra allowed the appeal of Pooran Mal without hearing to the petitioner. He submitted that by the order dated 10.03.2004, petitioner's right to run the fair price shop has been effected and thus, the present writ petition has been filed challenging the order of the Commissioner, Agra Division, Agra dated 10.03.2004, in which Pooran Mal has been made party as respondent no.4 and thus, the matter does not relate to the cancellation of licence of fair price shop.
Having regard to the facts and circumstances of this case, it appears that it is not a case of the cancellation of licence of fair price shop. Thus, order dated 28.04.2006 is recalled.
Let the writ petition be listed before the appropriate Bench in the next cause list. It may not be treated as tied up or part heard.
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