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Prabhoo Kushwaha v. State Of U.P. & Others - WRIT - C No. - 44997 of 2007 [2007] RD-AH 15693 (18 September 2007)

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Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner. Sri S.F.A. Naqvi appears for the respondent No.4.

By this writ petition the petitioner has prayed for quashing the order dated 6.10.2006 passed by the Sub Divisional Officer and the order dated 23.7.2007 passed by the Commissioner dismiss8ing the appeal. The petitioner's fair price agreement was cancelled by the order of the Sub Divisional Officer dated 6.10.2006. It was found that from the report of the Naib Tahsildar while transferring the stock the stock was found less and no explanation was given by the petitioner even after notice dated 22.9.2006 was served . The appeal filed by the petitioner was dismissed. Learned counsel for the petitioner submits that the petitioner has submitted reply. He has referred to Annexure-6 to the writ petition as his reply submitted before the Sub Divisional Officer. The order of the Sub Divisional Officer was passed on 16.10.2006 and the reply dated 18.12.2006 which was subsequent to the said order. The Sub Divisional Officer found shortage in the stock with regard to which first information report was also lodged Under Section 3/7 of the Essential Commodities Act. Both the authorities have given cogent reasons for cancelling the fair price agreement .

The writ petition lacks merit and is dismissed.

Date: 18.9.2007



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