High Court of Judicature at Allahabad
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Yogesh Kumar v. State Of U.P. Thru' Food & Civil Supply U.P. Lucknow & Ors. - WRIT - C No. 16964 of 2006  RD-AH 7009 (30 March 2006)
Hon'ble Yatindra Singh,J.
This is a writ petition against notification dated 13.3.2006 cancelling the fair price shop licence of the petitioner.
We have heard counsel for the petitioner, the Standing counsel and Sri R.K. Saini for the respondents.
With the consent of the parties counsel the writ petition is disposed of at this stage.
It is not disputed that the petitioner is existing fair price shop licencsee. His licence has been cancelled by order dated 13.3.2006. This order does not indicate as to what irregularity has been committed by the petitioner. Merely by saying that irregularity has been committed by the petitioner is not sufficient, but the Sub Divisional Magistrate should also record specific
finding as to what irregularity has been committed by the petitioner and it is only then the licence can be cancelled. As the impugned order is not a speaking order and it is hereby quashed. In case the petitioner has committed any irregularity it would be open to the respondents to take proceedings for cancellation of his licence after giving him opportunity of being heard.
With these observation the writ petition is disposed of.
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