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Umedh Kha v. State Of U.P. And Others - WRIT - C No. 22741 of 2006 [2006] RD-AH 8469 (26 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 Yatindra Singh,J.

Hon'ble  R.K.Rastogi,J.

The petitioner is existing fair price shop licensee. Respondent no. 3 has passed an order on 6.3.2006 for allotting another fair price shop to respondent no.8, hence the present writ petition.  

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

According to the petitioner under the government  order another fair price shop licence can only be granted if there are more than 4000 units. As there are less  than 4000 units, no other licence for  fair price licence can be granted.

In the circumstances of the case,  it would be appropriate that the petitioner  may file a fresh representation before respondent no. 3 within a month. In case the representation is  filed, it  may be decided  by the  said respondent by a reasoned order at an early date,  if possible, within three months  from the date of receipt of the representation. The petitioner will  file  a certified copy of this order; necessary  documents and a duly stamped self addressed envelope along with the representation. The concerned   authority after taking decision will  communicate the same to the petitioner. The respondent no.4 while  while passing any order on the application of the petitioner  will also give  an opportunity to respondent no. 8.

With these observations the writ petition is disposed of.

Date: 26.4.06

RPP/WP. 22741/06


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