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MADHO PRASAD versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Madho Prasad v. State Of U.P. And Others - WRIT - C No. 19380 of 2006 [2006] RD-AH 7541 (10 April 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.

1. The petitioner's fair price shop licence was suspended on 22.12.2005. He filed  his reply. The suspension order was  restored  temporarily vide order dated 28.2.2006. Thereafter the  licence of the petitioner was  again suspended on 13.3.2006. Hence  the present  writ  petition.

2. We have heard counsel for the petitioner, Mr. Anuj Kumar  and the Standing counsel  for the respondents.

3.    Counsel for the petitioner  submits that  the fair price shop licence of the petitioner can not be suspended for the  second time .  

4. On the earlier occasion  the licence was restored  temporarily and thereafter  a fresh notice  for suspension of the fair price shop licence  was given  and as such there is no   illegality  in the said oder. By the impugned order explanation of the petitioner has been asked for . In view of this , the petitioner may  file his explanation before respondent no. 2 within one month. In case the explanation is filed,  it  may be decided  by respondent no. 2 by a reasoned order at an early date,  if possible, within three  months  from the date of receipt of explanation. 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.

4. With these observations the writ petition is disposed of.

10.4.06

MLK/WP19380/06


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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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