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SMT. KAUSHALYA DEVI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Kaushalya Devi v. State Of U.P. And Others - WRIT - C No. 34236 of 2006 [2006] RD-AH 10997 (5 July 2006)

 

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

WP NO. 34236 Of 2996

HON'BLE YATINDRA SINGH, J.

HON'BLE SHISHIR KUMAR, J.

1, The petitioner has a fair price shop licence. She was given show cause notice dated 28.4.2006. According to the petitioner, she received the same on 13.5.2006 and filed an application on the same date that she is admitted in a hospital and sometime may be given to her to file explanation. Subsequently according to her she gave birth to a female child and due to this she could not submit her explanation within time. Thereafter her licence was cancelled on 19. 5.2006. Hence the present writ petition.

2. We have heard counsel for the petitioner and standing counsel for the respondents. With the consent of the parties the writ petition is disposed of at this stage. The petitioner was admitted in a hospital. In these circumstances, the authorities below ought to have given more time to the petitioner to submit her explanation. In view of this order dated 19.5.2006 is quashed. The petitioner may submit her reply within a month before respondent no. 3.

3. In the circumstances of the case, the petitioner may submit her reply before respondent no. 3.  In case any such reply is filed, it may be decided by respondent no. 3 by a speaking order, if possible, within three-months from the date of receipt of the reply. The petitioner will file certified copy of this order; other necessary documents and a duly stamped self-addressed envelope along with the reply.  Respondent no. 3 after taking decision will communicate the same to the petitioner.  

4. With these observations the writ petition is disposed of.  

Dated: 5.7.2006

SKS  


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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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