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LALLOO versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Lalloo v. State Of U.P. And Others - WRIT - C No. 57086 of 2006 [2006] RD-AH 18546 (2 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

   Court No.10

             Civil Misc. Writ Petition No. 57086 of 2006                            

Lalloo . . . . .  . ..  .. . .. .  . .  . . . . . . . . ...  . .  .  . . . . . . Petitioner.

                                   Versus

State of U.P. and others . . . . .  . . . . .  . . . .  . . .  . .  . . . .   . .Respondents.

        ----

Hon'ble A.K. Yog,J.

Hon'ble R.K.Rastogi,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.

Dated: 2.11.2006

RPP.


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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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