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Rajesh Singh v. State Of U.P. And Others - WRIT - C No. 10098 of 2007 [2007] RD-AH 3198 (26 February 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.

By this writ petition  the petitioner has prayed for quashing the order dated 7.7.2006 passed by the District Magistrate  by which the fair price agreement  of the respondent no. 4 was restored subject to payment of Rs. 5000/- as fine. An appeal was filed against the said order which has been dismissed by the appellate authority.  Learned counsel for the petitioner contends that the  Sub Divisional Officer himself having found that the explanation of respondent No. 4 is not satisfactory , he ought to have cancelled the fair price agreement .

I have considered the submissions  of counsel for the petitioner and perused the record.

The Sub Divisional Officer instead of cancelling the fair price agreement   has issued stern warning with fine of Rs. 5000/-.  The discretion has been exercised by the Sub Divisional Officer in ordering for fine and warning which does not warrant  interference Under Article 226 of the Constitution.  It was for the Sub Divisional Officer to take a decision on the facts of the particular case. It cannot be said that the Sub Divisional Officer has ignored his observation  that explanation is not satisfactory.  It was on account of that the fine was imposed  and warning was issued .  There is no error in the  order  passed by the Sub Divisional Officer  warranting interference Under Article 226 of the Constitution .

The writ petition  lacks merit and is dismissed.    




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