This order disposes a writ petition by directng the District Magistrate of Amroha to pass a final decision on the reinstatement of the petitioner's fair price shop licence within 15 days without judging the merits of the case.
Directed District Magistrate to pass final order within 15 days.
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Court No. - 27
Case :- WRIT - C No. - 12697 of 2018
Petitioner :- Sukhpal Singh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner is a fair price shop dealer of village-Mathipura Chhapna, BlockGangeshwari, Teshil Hasanpur, District-Amroha. The fair price shop licence of the petitioner was terminated by order dated 7.7.2017. The order of termination was taken in appeal by the petitioner. The appeal was partly allowed by the appellate authority by order dated 28.9.2017. The matter was remanded by the appellate authority for a fresh enquiry after giving due notice and opportunity of hearing to the petitioner as well as other necessary parties. Pursuant to the remand order, the enquiry was concluded and the report was submitted on 9.12.2017. The enquiry report absolved the petitioner of the charges against him and recommended a reinstatement of his licence. Upon receipt of the said enquiry report, the District Magistrate by order dated 28.1.2018 directed that a fresh charge-sheet be drawn up against the petitioner and the enquiry be proceeded with de-novo. This order was passed by the District Magistrate on 28.1.2018. In compliance of the order of the District Magistrate, a charge-sheet was served upon the petitioner on 5.2.2018. The ensuing enquiry, which was the second enquiry, was concluded on 16.2.2018. The second enquiry also exonerated the petitioner of the charges against him. The enquiry report also recommended the reinstatement of the fair price shop licence of the
petitioner. The enquiry report has been forwarded to the District Magistrate to take the final decision in the matter.
The contention of Shri Harish Chandra, learned counsel for the petitioner is that the District Magistrate is yet to take a final decision in the matter.
Considering the facts of the case, no useful purpose will be served by keeping the writ petition pending. The writ petition is being disposed of with the consent of the parties.
In view of the aforesaid facts in the record and submissions of the learned counsel for the petitioner, the District Magistrate, Amroha is directed to pass a final order in the matter within a period of 15 days from the date of a certified copy of this order. It is made clear that the District Magistrate shall take an independent decision in this regard and this Court has not judged the merits of the case.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 9.4.2018 Ashish Tripathi
1 issue framed by the court
Whether the District Magistrate was directed by this Court to pass a final order regarding the reinstatement of the petitioner's fair price shop licence.
Sukhpal Singh
State Of U P
Ajay Bhanot
As recorded by the court registry
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