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BANSHI LAL versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Banshi Lal v. State Of U.P. & Others - WRIT - C No. 26219 of 2007 [2007] RD-AH 10481 (7 June 2007)

 

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. SHISHIR KUMAR, J

By means of the present writ petition the petitioner has approached this Court for quashing the order dated 23.5.2007 (Annexure 2 to the writ petition) by which the fair price shop of the petitioner has been suspended.

It has been submitted by the petitioner that on the basis of letter dated 7th May, 2007, the respondent No.2 has directed that a team was constituted and an enquiry has been held and in view of the aforesaid fact, the license mentioned in the said letter be suspended.  In compliance of the aforesaid letter dated 7.5.2007, the District Supply Officer, Kaushambi by order dated 23th May, 1997 has suspended the license of the petitioner.

It has been submitted by the petitioner that no inspection or enquiry was ever made of the fair price shop of the petitioner.  Even the petitioner was never informed that any enquiry is going on against the petitioner.  Before passing the order of suspension no show cause notice or opportunity has been given to the petitioner.  The further submission has been made by the petitioner that by a general order, the license of various shops cannot be suspended.

I have heard learned counsel for the petitioner and learned Standing Counsel and have perused the record.

From the record, it clearly appears that the respondent No.2 has constituted the team and they made  some enquiry and on that basis the license of the various persons mentioned above, has been suspended.  In my opinion, it is not permissible unless and until a proper enquiry is made and an inspection to this effect of the fair price shop regarding irregularity of the condition of license is made out, it cannot be suspended.  By a general order the license of various shops have been suspended.

In view of the aforesaid fact, the respondent No.3 is directed to  complete  the enquiry against the petitioner within a period of two weeks from the date of production of the certified copy of the order and will pass final orders within the aforesaid period after affording an opportunity to the petitioner.  It is further provided that till the decision taken by the respondent No.3, the shop in question which is being held by the petitioner will not be allotted to anybody permanently.

With these observations the writ petition is disposed of.

No order as to costs.      

7.6.2007

SKD

W.P. No.26219  of 2007


Copyright

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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