Subhash Chandra Vs State of U.P. and 2 Others

Court No. - 44

Case :- WRIT - C No. - 11617 of 2020

Petitioner :- Subhash Chandra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Raj Singh Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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Petitioner is aggrieved by an order passed by the District Supply Officer, Agra dated 29.7.2019 whereby his fair price shop license has been suspended. The order is assailed on the ground that though a reply has been submitted but the proceedings are not being concluded. It is also urged that charges against the petitioner are otherwise not substantiated. Reliance is also placed upon an order passed by this Court in Writ Petition No. 48618 of 2017 (Mohd. Athar Vs. State of U.P. and others) to submit that no satisfaction is recorded with regard to existence of credible materials which may justify the order of suspension.

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Per contra, learned State counsel points out that a first information report under Section 3/7 of the Essential Commodities Act has been lodged against the petitioner and serious allegations have been made against him which are clearly noticed in the order itself.

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Be that as it may, this Court finds that the suspension order was passed on 20.9.2019 and sufficient time has expired since then. Since the petitioner has already submitted his reply it is expected that the proceedings pending at the level of the Officer concerned would be concluded, expeditiously.

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This petition, accordingly, stands disposed of with a direction upon the 3rd respondent to ensure conclusion of proceedings pursuant to the order impugned against the petitioner, within two months from the date of presentation of a copy of this order.

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Order Date :- 6.8.2020 Abhishek Singh

Subhash Chandra v. State of U.P. and 2 Others

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Subhash Chandra v. State of U.P. and 2 Others

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