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Ram Dular v. State of U.P. & Ors. - WRIT - C No. 77879 of 2005 [2005] RD-AH 8027 (22 December 2005)


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

Hon. Dilip Gupta, J.

This writ petition has been filed against the impugned order dated 13.12.2005 by which the licence of the petitioner for fair price shop has been put under suspension. In view of the provisions of clause 28 of the Uttar Pradesh Scheduled Commodities Distribution Order, 2004 it is appealable. It is, however, submitted by the learned counsel for the petitioner that the Divisional Commissioner in Mirzapur is not available and the Divisional Commissioner, Varanasi is looking after the work of Mirzapur Division also. Hence his Appeal is not being entertained by the staff in the Divisional office.

Sri Niranjan, learned counsel for the respondents has submitted that in case the petitioner files an Appeal in the office of Divisional Commissioner, Varanasi, the same shall be entertained by the office of Divisional Commissioner, Varanasi and he shall pass appropriate orders on the interim application, if any, filed by the petitioner in the Appeal.

In view of the above, we are not inclined to entertain this petition and it is, accordingly, dismissed with a direction that in case the petitioner files an Appeal before the Divisional Commissioner, Varanasi, it shall be entertained and order may also be passed on the application for interim relief.

Dt/- 22.12.2005



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