Disposed¶14

Ravindra Nath Mishra v. State of U.P. and 3 Others

Allahabad HC3 Dec 2020WRIC/19282/2020

Case brief

AI extract

What is this about?

Ravindra Nath Mishra v. State of U.P. and 3 Others; WRIT - C No. 19282 of 2020; High Court of Judicature at Allahabad; Mahesh Chandra Tripathi, J.; decided 3.12.2020; cancellation of fair price shop licence by Sub Divisional Magistrate, Bhadohi; notice not served; natural justice violation agreed by parties; show cause notice/chargesheet; writ petition disposed of by consent with direction to file objections within a week and fresh final order by Authority; impugned order dated 01.07.2020 subject to final outcome.

What did the court decide?

Petitioner permitted to file objection to the show cause notice/chargesheet within a week's time; the Authority to thereafter proceed to pass final order in the matter; the impugned order dated 01.07.2020 to remain subject to the final outcome of that proceeding. ¶14

Ravindra Nath Mishra Vs State of U.P. and 3 Others — Allahabad HC (2020) — LawSathi Research

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Court No. - 71

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Case :- WRIT - C No. - 19282 of 2020

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Petitioner :- Ravindra Nath Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lavlesh Kumar Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard Shri Lavlesh Kumar Shukla, learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel for the State respondents.

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By means of present writ petition, the petitioner is assailing the validity of order dated 01.07.2020 passed by Sub Divisional Magistrate, Bhadohi, whereby, the fair price shop licence of petitioner has been cancelled.

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The matter was taken up on 25.11.2020 and this Court has passed the following order:-

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"The affidavit may be filed in the registry today itself. The office is directed to place it on record.

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On the request of Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel the case is passed over.

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Put up this matter again as fresh on 03.12.2020.

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Let original record of the proceeding, which has been drawn while cancelling the fair price shop licence, be produced before this Court on the next date fixed in the matter."

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On the matter being taken up today, Shri Devesh Virkam, learned Standing Counsel has produced the original record. After perusing the same, the record has been returned to learned Standing Counsel.

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The parties are with the agreement that before passing the order impugned, the notice could not be served upon the petitioner as such, he could not file reply to the said notice and as such, the action of the authorities is hit by principles of natural justice.

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In the facts and circumstances of the case, with the consent of parties, the writ petition is disposed of with the direction to the petitioner to file objection to the show cause notice/chargesheet within a week's time and thereafter the Authority would proceed to pass final order in the matter. It is made clear that the order impugned dated 01.07.2020 shall be subject to final outcome of the said proceeding.

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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.

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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.

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Order Date :- 3.12.2020 A. Pandey

Ravindra Nath Mishra v. State of U.P. and 3 Others

Case brief

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Ravindra Nath Mishra v. State of U.P. and 3 Others

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