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Birendra Kumar v. State Of U.P. And Others - WRIT - C No. 16444 of 2006 [2006] RD-AH 6613 (27 March 2006)


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Court no. 31

Civil Misc. Writ Petition No.16444 of 2006

Birendra Kumar versus State of U.P. and ors.


Hon'ble Bharati Sapru, J.

The petitioner has a licence of retail kerosene shop under the U.P. Kerosene Control Order, 1962. His licence was suspended on 19.1.2006, pending enquiry. Against this order, the petitioner has filed an appeal to the Commissioner who has admitted the appeal of the petitioner but has rejected the stay application.

The petitioner contends that this is arbitrary, illegal and violative of provisions of clause 11 Proviso (2) of the Control Order, which lays down that no order of suspension pending enquiry can be extended beyond the period of two weeks.

In view of the said provision, the suspension of the petitioner licence could not in law be continued after a period of two weeks. However the Commissioner has fixed the matter for hearing of the petitioner's appeal on 3.4.2006.

Learned standing counsel has also appeared in this matter and has assured the Court that the appeal of the petitioner itself shall be decided expeditiously and therefore this Court directs that the appeal of the petitioner shall be disposed of by way of a speaking order within a period of three months from today.

In view of the clause 11 Proviso (2) of the Control Order, the appellate authority will reconsider the application of the petitioner for stay on the date as fixed 3.4.2006 itself.

The writ petition is disposed of as above.

Dated  27.3.2006



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