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Smt. Premwati v. The State Of U.P. And Others - WRIT - C No. 21546 of 2006 [2006] RD-AH 8361 (25 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

Supplementary affidavit has been filed today which may be placed on record.

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State-respondent. In view of the nature of the order which is being passed, notice to the other private respondent no.5 is not being issued.  In case the said respondent is so aggrieved, he may file an application for recall/modification/variation of this order.

The petitioner is aggrieved by an order dated 22.2.2006 whereby the appeal of the respondent no.5 has been allowed and the matter has been remanded back to the licensing authority for fresh decision. Learned counsel for the petitioner contends that on a resolution passed by the Gram Panchayat, an order has been passed by Up Zila Adhikari, Gunnaur, Budaun for granting the license of the fair price shop to the petitioner. The petitioner submits that since the matter relating to the license of the fair price shop has now been remanded back to the licensing authority for fresh decision, she would be entitled to be heard before the licensing authority.

Having heard learned counsel for the parties and considering the facts and circumstances of this case, this writ petition is finally disposed of with a direction that in case if the petitioner files an application before the licensing authority  with the prayer that she may be impleaded as party and be heard, the licensing authority shall decide such application, in accordance with law, after giving opportunity of hearing to the petitioner and other persons before proceeding to hear with the case on merits.

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




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