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Sukhveer v. Additional Commissioner - WRIT - C No. 14702 of 2007 [2007] RD-AH 4807 (19 March 2007)


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Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner, Sri Madhusudan Dixit appearing for the respondent No. 2 and the learned standing counsel.

By this writ petition  the petitioner has prayed for quashing the order dated 15.2.2007 passed by the Commissioner by which the appeal filed by the respondent no. 2 was allowed. The petitioner fair price agreement  was cancelled by the Sub Divisional Officer  vide order dated 7.11.2006.  The Sub Divisional Officer observed in the order  that the explanation of the petitioner is not completely satisfactory and he has not submitted any evidence in support of his explanation. The appellate authority  set aside the order after recording finding that the Supply Inspector  in his enquiry report  has stated that no irregularity was committed  by the respondent no. 2 and the complaint  was filed due to enmity. The appellate authority  has given cogent  reason for allowing the appeal.  Moreover,  the  order of the Sub Divisional Officer was cryptic  order stating that the explanation is not completely satisfactory, the fair price agreement  was cancelled. The explanation of the petitioner was not even adverted to.

No ground has been made out to interfere with the impugned order in the writ petition .

The writ petition  is dismissed.




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