High Court of Judicature at Allahabad
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Smt. Urmila Goshwami v. State Of U.P. Thru' Secry. (Food & Civil Sup.) And Others - WRIT - C No. 5239 of 2007  RD-AH 2293 (12 February 2007)
Hon'ble A. K. Yog, J.
Hon'ble R.K. Rastogi, J.
Heard learned counsel for the petitioner and Sri Om Prakash, Advocate on behalf of contesting Respondent as well as Learned Standing Counsel representing Respondent no. 1,2,3 & 4.
Petitioner has come up against impugned order dated 9.1.2007/Annexure 4 to the Writ Petition whereby concerned SDM has observed that there was irregularity in appointing the petitioner as licensee of Fair Price Shop and executing Fair Price Shop. If that be so, it cannot be said that deliberate act was on the part of petitioner alone. The authorities were also responsible when such allotment was made in the past. There is no allegation/complaint against petitioner regarding distribution of the essential commodities.
In that view of the matter, in case the charge against petitioner is found unsustainable the petitioner shall not be made responsible. We also do not find that any good purpose will be served by suspending the license.
In that view of the mater we require the petitioner to submit explanation within ten days from today before the concerned SDM who shall hold enquiry and pass final order within six weeks from today in accordance with law.
Till decision of the objection/representation filed by the petitioner, if any, this order shall be kept in abeyance and the same will be subject to any order which may be passed by the authority as indicated above.
It is also made clear in case petitioner fails to file representation/objection within ten days from today alongwith certified copy of this order, this order shall stand automatically discharged without further reference to the court.
Writ Petition is finally disposed of .
No order as to costs.
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