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Devchand Bind v. Assistant Food Commissioner Varanasi Divsion And Others - WRIT - C No. 23393 of 2006 [2006] RD-AH 8488 (27 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

The petitioner was a fair price shop licensee. By an order dated 13.3.2006 passed by the respondent no.2, licensing authority, the fair price shop license of the petitioner had been cancelled. Challenging the aforesaid order, the petitioner filed an appeal which has been allowed by the appellate authority, respondent no.1, and the order dated 13.3.2006 has been set aside and the matter has been remanded back to the licensing authority for a fresh decision on merits. A further condition has been imposed that till a decision is taken, the petitioner may not be permitted to distribute the essential commodities. Aggrieved by the aforesaid condition of not permitting the petitioner to distribute the essential commodities, the petitioner has filed this writ petition. The grievance of the petitioner is that the condition imposed by the appellate authority in not permitting the petitioner to distribute the essential commodities is unreasonable and should be quashed.

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and perused the record. With the consent of learned counsel for the parties, this writ petition is being dispose of at this stage without calling for a counter affidavit.

A perusal of the impugned order goes to show that the appellate authority has directed a fresh decision to be taken by the licensing authority within 15 days.

Considering the facts and circumstances of this case, this writ petition is disposed of with the direction that in case if the matter is not decided afresh on merits by the licensing authority within the stipulated time granted by the appellate authority vide order dated 15.4.2006, the licensing authority shall be at liberty to either attach the card holders of the fair price shop dealer to the petitioner if he may deem fit to do so but till such final decision on merits is taken no fresh license of the fair price shop in question shall be granted.

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




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