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VIKRAM DUTTA SHARMA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Vikram Dutta Sharma v. State Of U.P. And Others - WRIT - C No. 75149 of 2005 [2005] RD-AH 7568 (14 December 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No.  75149 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble Sabhajeet Yadav, J.

Learned counsel for the petitioner submits that his case is covered by the judgment dated 14th September 2005 passed in Writ Petition No. 60978 of 2005. A perusal of that judgment indicates that in that case it was not mentioned in the show cause notice to which card-holder distribution was not made and, therefore, the show cause notice was found to be vague. In the present case, the show cause notice, which has been annexed as Annexure-1 to this writ petition, specifically mentions the names of the persons who have confirmed charging of higher price. According to the impugned order, some of these persons have filed affidavits in favour of the petitioner. The licence of the petitioner has been cancelled on the ground that because that all the complainants have not supported the petitioner, therefore, the petitioner has not been able to establish his defence. The case is, therefore, not covered by that judgment and raises disputed questions of fact, which can not be conveniently decided in writ jurisdiction. There is an alternative remedy of appeal against the cancellation order. We, therefore, decline to entertain this writ petition.

The writ petition is dismissed.

Dated : December 14, 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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