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M/S Suresh Chandra Singh v. The State Of U.P. & Others - WRIT - C No. 18291 of 2007 [2007] RD-AH 7102 (18 April 2007)


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).


Hon.Dr.B.S.Chauhan, J.

Hon.Rajes Kumar, J.

Learned Standing Counsel accepted notice on behalf of respondents.

This Court suo-moto impleaded Sri Ashok Kumar Duggal, District Magistrate, Farrukhabad as the respondent no.4. He is directed to file his personal affidavit stating therein that in exercise of what power he has passed the impugned order dated 02.04.2007 as the order seems to have been passed in exercise of power under section 160 of Representation of the People Act, 1951. Under the aforesaid section the Returning Officer can only requisitioned the premises for the purpose of being used as a polling station or for the storage of ballot boxes after a poll takes place. He has to explain under what power the licence of petitioner has been put under suspension in exercise of power under section 160 of Representation of the People Act, 1951 for not giving the petrol on credit.

Petitioner may also file affidavit stating therein as on what date payment has been made to the petitioner since 2005 for the petrol purchased by the District Administration on credit. Affidavit is to be filed within two weeks and no more. Rejoinder affidavit, if any, may be filed within one week thereafter.

List this case on 14.05.2007.

Till then the effect and operation of the impugned order dated 02.04.2007 shall remain stayed and the District Collector concerned is directed to make all outstanding clear, if it has not yet been paid.

Sri Ramesh Singh, Learned Standing Counsel is directed to send a copy of this order through fax to the District Collector, Farrukhabad for compliance.




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