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KRISHNA NAND PANDEY versus STATE OF U.P. THRU' SECY. FOOD & CIVIL SUPPLY & OTHERS

High Court of Judicature at Allahabad

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Krishna Nand Pandey v. State Of U.P. Thru' Secy. Food & Civil Supply & Others - WRIT - C No. 66632 of 2005 [2005] RD-AH 4488 (20 October 2005)

 

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

Civil Misc. W.P. No. 66632 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble Vikram Nath, J.

Heard learned counsel for the petitioner and the learned standing counsel.

Having regard to the nature of the order which we propose to pass, it is not necessary to grant time for filing a counter affidavit.

Admittedly, the petitioner was allotted a Fair Price Shop by resolution dated 14.10.2004. According to the petitioner, he completed all the formalities namely, giving security by way of N.S.C. of Rs. 5000/-, depositing the agreement amount of Rs. 500/- by Treasury Challan, and submitting the licence agreement for execution. According to the learned counsel for the petitioner, the quota card and identity card were issued to the petitioner only after completion of these formalities and such quota card is not issued unless the formalities are completed.

The notice dated 27.10.2004 was given to the petitioner saying that he had not completed the formalities and he should complete the same within a week.

Thereafter, by resolution dated 25.2.2005, the earlier resolution dated 14.10.2004 was set-aside on the ground of non-completion of the formalities. The petitioner wrote two letters enclosing therewith photocopies of the documents and seeking reconsideration of the resolution dated 25.2.2005. The reconsideration has been refused on the ground that there was no information was given regarding the completion of the formalities and no proof was furnished regarding the said completion at the enquiry.

Normally once a person has been favoured by a resolution for allotment of Fair Price Shop requiring formalities costing merely Rs. 5,500/-, it does not stand to reason why that person should not complete those formalities and start running the shop.

Further, the last order dated 30.8.2005 does not take into account the photocopies of the NSC and other documents furnished by the petitioner along with his letter dated 10.6.2005 (Annexure-7 to this writ petition) as also the question whether the quota card could have been issued without completion of the formalities.

In the circumstances, we allow the writ petition, set-aside the order dated 30.8.2005, annexure-9 to this writ petition, and require the Deputy Registrar, to reconsider the matter within one month of the date on which certified copy of this order is presented before him.

Dated : October 20, 2005

AM/-


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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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