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JOKHAN PANDEY versus DEPUTY COMMISSIONER BASTI DIVISION, BASTI & OTHERS

High Court of Judicature at Allahabad

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Jokhan Pandey v. Deputy Commissioner Basti Division, Basti & Others - WRIT - C No. 14814 of 2007 [2007] RD-AH 4867 (20 March 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.

D/-20.3.2007

SCS/14814


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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