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RAM PRASAD TIWARI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Ram Prasad Tiwari v. State Of U.P. And Others - WRIT - C No. 23323 of 2006 [2006] RD-AH 8630 (28 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Yatindra Singh,J.

Hon'ble  R.K.Rastogi,J.

The fair price shop licence of the petitioner was  suspended on 22.2.2006. He  submitted his  his  explanation on 4.4.2006. Thereafter it has  been cancelled on 5.4.2006. Hence, the present writ petition.

     We have heard counsel for the petitioner,  the Standing Counsel and Sri R.C.Kandpal for the respondents.

According to the petitioner, his   licence of fair price shop  has been cancelled  without considering his explanation, which was submitted on  4.4.2006.  In view of this, the  order dated 5.4.2006 is quashed. Respondent no.2.   may re-decide the question of cancellation of the petitioner's  licence after consideration of his explanation  at an early date,  if possible, within three months  from the date of receipt of the explanation. The petitioner will  file   certified copy of this order; necessary  documents and a duly stamped self addressed envelope along with the  copy of his explanation. The concerned   authority after taking decision will  communicate the same to the petitioner.

It is hereby clarified that we have quashed  only the order dated 5.4.2006 cancelling the fair price shop licence of the petitioner and we have not touched the suspension  order dated 22.2.2006. In view of this  till fresh orders are passed, the petitioner's  fair price shop licence  shall remain suspended.

With these observations the writ petition is disposed of.

Date: 28.4.2006

RPP/WP.23323/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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