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KASHI NATH SINGH YADAV versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Kashi Nath Singh Yadav v. State Of U.P. And Others - WRIT - C No. 59687 of 2006 [2006] RD-AH 18435 (1 November 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

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.

Dated:1-11-2006

RPS-59687-06


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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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