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YOGESH KUMAR versus STATE OF U.P. THRU' FOOD & CIVIL SUPPLY U.P. LUCKNOW & ORS.

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 [2006] RD-AH 7009 (30 March 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Yatindra Singh,J.

Hon'ble R.K.Rastogi,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.

Dated.30.3.2006

RPP/WP.16964/2006


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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