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Shanker Lal v. State Of U.P. And Others - WRIT - C No. 23014 of 2006 [2006] RD-AH 8535 (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

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents 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 a fair price shop licensee. His license has been cancelled by an order dated 22.11.2005 passed by the respondent no.3. Challenging the said order, the petitioner filed an appeal before the respondent no.2, the Commissioner, Moradabad Division, Moradabad on 22.2.2006 alongwith an application for condonation of delay and Stay. The delay in filing the appeal has been condoned but by the impugned order dated 1.4.2006 the application for stay has been rejected. 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, Moradabad Division, Moradabad.

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




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