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Sagir Ahmad v. State Of U.P. & Others - WRIT - C No. 10565 of 2006 [2006] RD-AH 4769 (28 February 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Yatindra Singh,J.

Hon'ble R.K.Rastogi,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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