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Kashi Nath Singh Yadav v. State Of U.P. And Others - WRIT - C No. 59687 of 2006  RD-AH 18435 (1 November 2006)
Hon'ble A. K. Yog, J.
Hon'ble R.K. Rastogi, J.
Heard learned counsel for the petitioner and learned counsel representing respondents.
Petitioner seeks to challenge impugned order dated 20-9-2006/Annexure 8 to the Writ petition by means of which Fair Price Shop licence/agreement of the petitioner has been suspended.
Perusal of the impugned order shows that it has been passed without complying with the provisions of para 2(1) of G.O. dated 29-7-2004 which requires that concerned authority must be satisfied prima facie on the basis of facts collected through preliminary enquiry that if charges are proved the same shall warrant cancellation of licence/agreement apart from the fact that such an order should be a speaking order containing specific charges against which a licencee is required to submit his explanation.
In that view of the matter the impugned order dated 20-9-2006 suffers from manifest error apparent on the face of record.
Impugned order dated 20-9-2006 is hereby set aside with the direction to the respondents to complete enquiry in accordance with law.
Writ Petition is finally disposed of subject to above observations.
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