The High Court disposed of the writ petition challenging the suspension of a fair price shop license. The Court stated that since the Licensing Authority has finally cancelled the license, no further interference is required at this stage, and remedies exist against the cancellation order.
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Court No. - 71
Case :- WRIT - C No. - 17789 of 2020
Petitioner :- Ramnaresh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Sagar Verma,Madan Mohan Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Petitioner is before this Court assailing the validity of order dated 16.08.2017 passed by respondent no.3-Sub Divisional Magistrate, Tundla, Firozabad, whereby, the license of fair price shop of petitioner has been placed under suspension.
The matter was taken up on 04.11.2020 and this Court has passed following order:-
"It is urged that the enquiry directed to be concluded by the appellate authority within a period of one month vide order dated 2.7.2019, has not been concluded so far. The suspension is still continuing. The submission is that the suspension cannot continue indefinitely.
Learned standing counsel is directed to seek instructions on the above aspect from respondent no.3.
Put up as fresh on 26.11.2020."
On the matter being taken up today, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel has informed to the Court that necessary instructions have been obtained in the matter. He submits that the Authority has finally cancelled the fair price shop license of the petitioner on 05.12.2020 and as such, in case the petitioner is aggrieved with cancellation order, he can always prefer an appeal before the Appellate Authority. Copy of the said instruction is provided to counsel for the petitioner.
In the facts and circumstances of the case, once the final decision has been taken by the Authority concerned, then at this stage no interference is required in the matter. In case the petitioner has grievance with regard to validity of cancellation order, he can always invoke the remedy as is available in law.
With these observations, Writ Petition is disposed of .
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad,
self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.12.2020 A. Pandey
Ramnaresh
State Of U.P.
2 Others
Mahesh Chandra Tripathi
As recorded by the court registry
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