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Veer Singh Pal v. State Of U.P. And Others - WRIT - C No. 22241 of 2006 [2006] RD-AH 8269 (24 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).


Hon'ble Vineet Saran,J

Heard Sri R.C.Pal, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the respondent nos. 1, 2 and 3 and Sri Anuj Kumar, learned counsel appearing for respondent no.4 and perused the record. With the consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

The petitioner was granted license to run fair price shop in the village in question. By order dated 30.5.2005 the license of the fair price shop has been suspended. Thereafter by order dated 29.12.2005 the license has been cancelled. Aggrieved by the said order, the petitioner filed an appeal before the respondent no.2 which is pending. However, the stay application of the petitioner has been rejected by order dated 29.12.2005 which is impugned in this writ petition. Aggrieved by the said order, the petitioner has filed this writ petition.

The submission of the petitioner is that in case if any fresh licence is granted for running the fair price shop in question, third party rights would be created, which would jeopardize the interest of the petitioner.

Having heard learned counsel for the parties and considering the facts and circumstances of this case, this writ petition is finally disposed of with the direction that during the pendency of the appeal, if no fresh licence has already been granted for the fair price shop in question, the same shall not be done. However, the card holders of the fair price shop in question may be attached to some other licensed fair price shop dealer. It is further provided that the appeal of the petitioner may be disposed of, in accordance with law, expeditiously, preferably within a period of three months from the date of filing of a certified copy of this order before the respondent no. 2, the Commissioner, Jhansi Divsiion, Jhansi.

With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.




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