High Court of Judicature at Allahabad
Case Law Search
Jokhan Pandey v. Deputy Commissioner Basti Division, Basti & Others - WRIT - C No. 14814 of 2007  RD-AH 4867 (20 March 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner. Sri Anuj Kumar has accepted notice on behalf of the respondent no. 3.
By this writ petition the petitioner has prayed for quashing the order dated 28.3.2005 passed by the Sub Divisional Magistrate by which the fair price agreement of the petitioner was cancelled and the order dated 25.9.2006. Learned counsel for the petitioner submitted that the order of the appellate authority be quashed in so far as it refuses to restore the supply to the petitioner. He submits that there is no grievance with regard to the remand order passed by the appellate authority .
I have considered the submission of counsel for the petitioner and perused the record.
The appellate authority has remanded the matter for getting fresh enquiry made and pass fresh order after giving opportunity to the petitioner. The intent of the appellate order was that till the fresh order is passed, the petitioner fair price agreement should not be restored or continued. Learned counsel for the petitioner contended that although six months have passed but the Sub Divisional Officer has not taken any final decision whereas the Commissioner has directed for deciding the matter afresh. Petitioner has made out a case for directing the Sub Divisional Officer to take final decision in pursuance of the remand order dated 25.9.2006 expeditiously preferably within a period of one month from the date of production of a certified copy of this order.
With the above observation the writ petition is disposed of.
Double Click on any word for its dictionary meaning or to get reference material on it.