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Abdul Mazid v. State Of U.P.$ Others - WRIT - C No. - 52734 of 2007 [2007] RD-AH 17001 (29 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 Janardan Sahai, J

The petitioner's agreement for fair price shop was suspended by order dated 13.6.2007. The reason given therein was that stock board, rate board were not disclosed nor list of BPL card holder was not displayed nor there was any complaint box. The agreement was subsequently canceled with reference to these grounds as well as to certain irregularities having been committed by the petitioner in the matter of distribution of commodities. The petitioner filed an appeal which has been dismissed. It has been submitted by the counsel for the petitioner that no show cause notice was given to the petitioner in respect of any irregularities in the distribution and the finding about the alleged irregularities is without any opportunity. The petitioner's agreement could not be cancelled on the ground that stock board, rate board and list of BPL card holders were not displayed as the shop itself was closed. He placed reliance upon a decision of a Division Bench of this Court dated 18.2.2005 in writ petition no. 8267 of 2006 Saeed Mohd Khan Vs. State of U.P. and others.

Standing counsel prays for and is granted three weeks time to file counter affidavit. Petitioner will have three weeks thereafter to file rejoinder affidavit.

List thereafter.

Until the next date of listing the operation of the orders dated 13.6.2007 and 11.7.2007 of respondent no.2 and order dated 5.10.2007 of respondent no. no.4 shall remain stayed.

Dt. 29.10.2007



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