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Smt. Munni Devi v. Commissioner, Allahabad Division Allahabad & Others - WRIT - C No. 30629 of 2007 [2007] RD-AH 11749 (11 July 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).


Hon'ble Arun Tandon, J.

The Appeal filed by the petitioner against cancellation of his fair price shop agency has been dismissed under the order of the Commissioner, Allahabad Division, Allahabad dated 13.6.2007.  This order of the Appellate Authority is being questioned on the ground that it records absolutely no reasons for holding that the explanation furnished by the petitioner was not satisfactory.  It is further pointed out that the only charge noticed in the order of the cancellation of the fair price shop agency of the petitioner was that he has not distributed the essential commodity qua the month of March, 2006, while according to the petitioner there was sufficient material on record to establish that such distribution has in fact taken place.

In the opinion of the court the order of the Commissioner is too cryptic in nature.  The explanation furnished by the petitioner has not been taken note of.  In absence of reasons the impugned order cannot be legally sustained.   Accordingly the writ petition is allowed.  The order of the Commissioner, Allahabad Division, Allahabad dated 13.6.2007 is hereby quashed.  

Let the Commissioner decide the Appeal afresh strictly in accordance with law by means of reasoned speaking order preferably within four weeks from the date a certified copy of this order is filed before him.

In the meantime no third party right shall be created.

Dated: 11.7.2007



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