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Mukta Prasad v. State Of U.P. And Another - WRIT - C No. 20869 of 2006 [2006] RD-AH 7853 (18 April 2006)


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Hon'ble Yatindra Singh,J.

Hon'ble  R.K.Rastogi,J.

The petitioner is a fair price shop licensee.  His licence was  suspended on 30.1.2006. The petitioner submitted his explanation on 6.2.2006. The respondent no.2 asked for further explanation on 4.3.2006. According to the respondent no.2  no further explanation was submitted by the petitioner  and as such  his licence was cancelled on 28.3.2006, hence, the present writ petition.

     We have heard counsel for the petitioner  and the Standing Counsel for the respondents.

According to the counsel for the petitioner  notice dated 4.3.2006 asking for further explanation was served upon the petitioner on 20.3.2006 and  thereafter   he submitted his explanation on 27.3.2006 but the  impugned order has been passed  without considering the same. In view of this order dated 28.3.2006 is quashed. The respondent no. 2 may pass fresh reasoned orders after considering the explanation dated 27.3.2006 of the petitioner at an early date,  if possible, within three months  from the date of receipt of certified copy of  this order. The petitioner along with certified copy of  this order will  also file a copy of  his aforesaid  explanation, other  necessary  documents and a duly stamped self addressed envelope. The concerned   authority   after taking decision will  communicate the same to the petitioner.

 It is hereby clarified that we have quashed  only the order dated 28.3.2006 cancelling the fair price shop licence of the petitioner and we have not passed any order against  the suspension  order dated 30.1.2006. In view of this  till fresh orders are passed, the petitioner's  fair price shop licence  shall remain suspended.

With these observations the writ petition is disposed of.

Date: 18.4.2006



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