High Court of Judicature at Allahabad
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Jouhar Ali v. State Of U.P. And Others - WRIT - C No. 23464 of 2006  RD-AH 8586 (28 April 2006)
Hon'ble Vineet Saran, J
Connect with writ petition no. 17203 of 2006.
Learned Standing Counsel has accepted notice on behalf of all the respondents. He prays for and is granted six weeks' time to file counter affidavit. The petitioner shall have two weeks thereafter to file rejoinder affidavit. List immediately thereafter.
The submission of the petitioner is that fair price shop license has been cancelled on 28.11.2005 merely on the ground that he had not lifted the stock from the godown for four days regarding which an F.I.R. had been lodged against the petitioner, in which a final report has been filed on 11.12.2005. The submission, thus, is that since there is no allegation of black marketing against the petitioner and a final report had already been submitted by the police in the F.I.R. lodged against him, it cannot be said that he has committed any irregularity.
Considering the facts and circumstances of this case and keeping in view the aforesaid submission of learned counsel for the petitioner, it is provided that the operation of the order dated 28.11.2005 passed by respondent no.3 as well as the order dated 2.3.2006 passed in appeal by respondent no.2 shall remain stayed and the supply of the petitioner will be restored.
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