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  RD-AH 8630 (28 April 2006)
Hon'ble Yatindra Singh,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.
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