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Rafi Uddin v. State Of U.P. Thru' Secretary Its Principal Secretary & Ors. - WRIT - C No. 27039 of 2006  RD-AH 10341 (25 May 2006)
Civil Misc. Writ Petition no. 27039 of 2006
Rafi Uddin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Petitioner.
State of U.P. and others. . . . . . . . . . . . . . . . . . . . . . . . Respondents.
Hon'ble Yatindra Singh,J.
( Delivered by Hon'ble R.K. Rastogi,J.)
This is a writ petition against order dated 5.5.2006 passed by the Sub Divisional Magistrate, Moradabad, respondent no.2, cancelling fair price shop licence of the petitioner on the ground that his brother, Naseem Ali has been elected as Gram Pradhan of village Sahu Nagla in the year 2005.
We have heard counsel for the petitioner and the Standing Counsel for the respondents.
The point in controversy as well as the G.Os. issued by the Government on this point have been considered by us in our judgment of date in Civil Misc. Writ Petition no. 12850 of 2003 and 31 other writ petitions. We have held in that judgment that under the G.O. no. F.3967/29-Khadya-6 of 1990 dated 3.7.1990 the fair price shop licence of a person can be cancelled on the election of his brother as village Pradhan only in that contingency when that licensee and his brother are residing in the same house and their food is also being cooked in the joint kitchen. A perusal of the impugned order passed by the Sub Divisional Magistrate, Moradabad, respondent no. 2 reveals that no finding has been recorded by the Sub Divisional Magistrate on this point. This order passed by him cannot be upheld and is liable to be set aside.
The writ petition is, therefore, deserves to be allowed. The impugned order dated 5.5.2006 cancelling the licence of fair price shop of the petitioner is liable to be quashed.
The petitioner shall within a month from the date of this order file a representation before the Sub Divisional Magistrate, Moradabad, respondent no. 2 stating his case on this point and thereafter the learned Magistrate shall after providing an opportunity of hearing to the petitioner decide the matter a fresh.
With these observations, the writ petition is allowed and the impugned order dated 5.5.2006 is quashed.
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