High Court of Judicature at Allahabad
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Lalloo v. State Of U.P. And Others - WRIT - C No. 57086 of 2006  RD-AH 18546 (2 November 2006)
Civil Misc. Writ Petition No. 57086 of 2006
Lalloo . . . . . . .. .. . .. . . . . . . . . . . . ... . . . . . . . . . Petitioner.
State of U.P. and others . . . . . . . . . . . . . . . . . . . . . . . . .Respondents.
Hon'ble A.K. Yog,J.
This is a writ petition challenging the impugned order dated 5.10.2006 ( Annexure no.2 to the writ petition ) passed by the Sub Divisional Magistrate, Maudha district Hamirpur (respondent no.2 to the writ petition ) by means of which fair price shop licence/agreement in favour of the petitioner has been suspended.
We have heard learned counsel for the petitioner and the learned Counsel for the contesting respondents.
A perusal of the impugned oder dated 5.10.2006 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 the facts collected through preliminary inquiry that if charges are proved the same shall warrant cancellation of licence/agrement apart from the fact that such an order should be a speaking order containing specific charges against which a licensee is required to submit his explanation.
In that view of the matter, the impugned order suffers from manifest error apparent on the face of record and it is liable to be set aside.
The impugned order dated 5.10.2006 is hereby set aside with the direction to the concerned authority to proceed with the inquiry in accordance with law and relevant government orders and then pass suitable orders in the matter.
The writ petition is finally disposed of subject to above observations. .
No order as to costs.
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