High Court issued time-bound directions directing petitioner to reply to show cause notice within two weeks and licensing authority to decide dispute within three months from reply date.
Petitioner ordered to reply within 2 weeks; Licensing Authority directed to decide in 3 months from reply date.
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Court No. - 18 Case :- WRIT - C No. - 25081 of 2021 Petitioner :- Bhure Lal @ Bhure Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Muktesh Kumar Singh Counsel for Respondent :- C.S.C.,Krishna Kant Singh
Hon'ble Ajay Bhanot,J.
Learned Standing Counsel contends that the charges in the suspension order are reasonable. The suspension order clearly discloses that excess stock of foodgrains were found at the shop during the inspection. A large number of card holders have made specific complaints of malpractices in distribution of essential commodities. The petitioner has full opportunity to tender his defence before the licensing authority. There is no infirmity in the order of suspension.
Faced with this Shri Muktesh Kumar Singh, learned counsel for the petitioner in his usual fairness submits that the petitioner to prove his bonafides wants to join the proceedings before the licensing authority and to clear his name of all false charges. He seeks leave to tender his defence by submitting a reply to the show cause notice.
The only prayer made by Shri Muktesh Kumar Singh, learned counsel for the petitioner is that the controversy may be decided within a stipulated period of time.
Learned Standing Counsel submits that the licensing authority are under an obligation of law to decide the controversy within a reasonable period of time. Shri Krishna Kant Singh, learned counsel for the respondent is present.
In wake of preceding discussion, interest of justice will be
served by issuing following directions:
I. The petitioner shall tender a reply to the show cause notice within a period of two weeks from today.
II. The licensing authority shall decide the controversy within a further period of three months from the date of the aforesaid reply.
The writ petition is disposed of.
Order Date :- 1.10.2021 Dhananjai
3 issues framed by the court
Whether writ court should issue directions for time-bound disposal of proceedings pending before licensing authority.
Whether petitioner should be allowed to file reply to show cause notice within prescribed time.
Whether licensing authority is legally bound to decide controversy within reasonable time.
Bhure Lal @ Bhure Singh
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
