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Rajdeo Prasad v. State Of U.P. And Another - WRIT - C No. 74413 of 2005 [2005] RD-AH 7181 (8 December 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).


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This petition has been filed by a fair price shop owner for quashing the order dated 25.6.2005 by which his licence has been suspended.  

Learned counsel for the petitioner has not only contended that the aforesaid suspension order deserves to be set aside but he has also submitted that though he has filed a reply before the District Supply Officer, Ballia against the notice issued to him as far as back on 27.7.2005, yet final orders have not been passed.

Learned Standing Counsel appearing for the respondents has contended that in so far as the suspension order is concerned, the petitioner has a remedy of filing an Appeal before the Commissioner of the Division and so far as the grievance of the petitioner regarding passing of final orders is concerned, the District Supply Officer, Ballia shall pass appropriate orders expeditiously.

Having heard the learned counsel for the parties, we are of the opinion that for the first grievance raised by the petitioner regarding quashing of the suspension order, the petitioner must avail the remedy of Appeal before the Commissioner of the Division. In case the petitioner moves an application for interim relief, we direct the Appellate Authority to pass appropriate orders expeditiously preferably within a period of two weeks from the date of filing of the application.

In respect of the second grievance raised by the petitioner, we direct, in view of the submissions made by the learned Standing Counsel, the District Supply Officer, Ballia to take a final decision in the matter relating to fair price shop of the petitioner pursuant to the notice/order dated 25.6.2005 expeditiously preferably within a period of six weeks from the date a certified copy of this order is produced by the petitioner before the said officer.

Subject to the observations made above, the writ petition is disposed of.

Dt/- 8.12.2005



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