High Court of Judicature at Allahabad
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Deepak Kumar v. State Of U.P. And Others - WRIT - C No. 19557 of 2006  RD-AH 7518 (10 April 2006)
Hon'ble Yatindra Singh,J.
The petitioner is a fair price shop licensee. His licence was suspended on 17.2.2006 and an explanation was called for from him. He could not submit his explanation, as, according to him, copy of the suspension order was received by him on 14.3.2006 and when the petitioner went to submit his explanation, the same was not considered and his licence was cancelled on 17.3.2006.
We have heard counsel for the petitioner, and the Standing Counsel for the respondents.
It is not disputed that explanation of the petitioner was not considered. In view of this, the order dated 17.3.2006 is quashed. The petitioner may give his explanation to the respondent no.2 wirthin one month against the suspension order dated 17.2.2006. In case the explanation is filed, it may be decided by the respondent no. 2 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 explanation. The concerned authority after taking decision will communicate the same to the petitioner. It is hereby clarified that we have quashed only the cancellation order and we have not quashed or stayed the order dated 17.2.2006 suspending the fair price shop licence of the petitioner. The licence of the fair price shop of the petitioner will continue to be suspended till fresh order after considering the petitioner's explanation is passed.
With these observations the writ petition is disposed of.
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