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Om Prakash v. State Of U.P. And Others - WRIT - C No. - 49397 of 2007 [2007] RD-AH 16496 (9 October 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 Ashok Bhushan, J.

Heard counsel for the petitioner and the learned standing counsel. Learned counsel for the petitioner has served notice for respondent no.5 on Sri V. K. Singh.

By this writ petition the petitioner has prayed for quashing the order dated 21.7.2007 passed by the Sub Divisional Officer cancelling the fair price agreement of the petitioner and the appellate order dated 26.9.2007 dismissing the appeal. Petitioner's case in the writ petition is that before passing the order by the Sub Divisional Officer no show cause notice was served on the petitioner and the petitioner without getting any opportunity to submit reply, the fair price agreement has been cancelled. The Sub Divisional Officer in the impugned order has observed that the fair price agreement of the petitioner has been suspended on 6.6.2007 and the charge sheet dated 12.6.2007 was given to the petitioner but no reply was given by the petitioner. The fair price agreement was cancelled on 21.7.2007. The petitioner before appellate court has also contended that the fair price agreement was cancelled without giving any opportunity to the petitioner. The appellate authority and the Sub Divisional Officer has not recorded any finding that the charge sheet dated 12.6.2007 was served on the petitioner . Subsequent averments has been made by the petitioner in the supplementary affidavit that the charge sheet was never served. Learned counsel for the petitioner submits that no allotment has been taken place of the shop in question and the same is going under attachment.

Considering the facts and circumstances of the case ends of justice be served in given one opportunity to the petitioner to submit reply before the Sub Divisional Officer. The order impugned passed by the Sub Divisional Officer as well as the appellate authority are set aside. The petitioner may appear before the Sub Divisional Officer along with copy of this order with a period of two weeks and after obtaining copy of charge sheet may submit reply within further period of four weeks. The Sub Divisional Officer after considering the reply and materials, if any, pass a fresh order in continuation of the charge sheet dated 12.6.2007 expeditiously preferably within a period of three months. The attachment of the shop shall continue but no fresh allotment shall be made, if not already made, till the order is passed by the Sub Divisional Officer.

With the above directions the writ petition is disposed of.




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