High Court of Judicature at Allahabad
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Sagir Ahmad v. State Of U.P. & Others - WRIT - C No. 10565 of 2006  RD-AH 4769 (28 February 2006)
Hon'ble Yatindra Singh,J.
The respondent no. 6 was a fair price shop licensee. His licence was cancelled. Subsequently, three licences were granted to three different persons. The petitioner was one of them. The respondent no. 6 filed a writ petition against cancellation order which was set aside by this Court. The respondent no.2 stopped supply of essential commodities to the petitioner on the ground that the shop of respondent no.6 has been restored, hence the present writ petition
We have heard counsel for the petitioner and the Standing Counsel for the respondents.
According to the petitioner, the licence for fair price shop, which was granted to him,was not in lieu of the fair price shop licence of respondent no. 6 which was cancelled and later on restored by this Court, but according to him, his licence was for an independent shop and as such the supply of essential commodities should not be stopped.
In the circumstances of the case, it will be appropriate that the petitioner may file fresh representation before respondent no. 2. In case the representation is filed, the same may be decided by the said respondent by a reasoned order at an early date, if possible, within three months from the date of receipt of the representation. The petitioner will file a certified copy of this order; necessary documents and a duly stamped self addressed envelope along with the representation. The concerned authority after taking decision will communicate the same to the petitioner.
Needless to add that the respondent no.2 while passing orders on the petitioner's representation will also give an opportunity of hearing to respondent no.6 as well as two other persons to whom the fair price shop licences were granted.
With these observations the writ petition is disposed of.
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