High Court of Judicature at Allahabad
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Rahdey Shyam v. State Of U.P. And Others - WRIT - C No. 20478 of 2006  RD-AH 7782 (17 April 2006)
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
By the impugned order dated 22.11.2005, Annexure 1 to this petition, the fair price shop licence of the petitioner has been cancelled. In the impugned order, it has been mentioned that a show cause notice dated 15.10.2005 was issued, but it could not be served upon the petitioner because he was not present in the village and it was served upon the mother of the petitioner, namely, Smt. Ramkali, but no reply was received from the petitioner.
It has been mentioned in para 10 of the writ petition, which has been sworn on personal knowledge that show cause notice was not served upon the mother of the petitioner, who was not present in the village in the month of October and November, 2005 and was staying at Bareilly. Moreover, in paragraph 5 of this writ petition, it is mentioned that the respondent no. 6, who has been allotted the fair price shop by the consequent resolution dated 19.12.2005, is aged about 14 years and is a student of class VII. This paragraph has also been sworn on personal knowledge by the petitioner.
In view of the above averments, issue notice to the opposite party no. 6. Steps may be taken within a week. Standing Counsel may file a counter affidavit within a month. List thereafter.
In the meantime, operation of both the orders, i.e., cancellation and allotment, will remain stayed.
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