The court disposed of a writ petition challenging a fair price shop license suspension where cancellation proceedings were not initiated after over a year.
Petitioner directed to file comprehensive reply within 15 days; authority to decide objections after hearing.
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Court No. - 32 Case :- WRIT - C No. - 6043 of 2021 Petitioner :- Dev Narayan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashwani Kumar Singh,Prabhakar Awasthi
Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and learned Standing Counsel for respondents State.
This writ petition has been filed assailing the suspension order dated 22.06.2020, whereby the license of the fair price shop granted to the petitioner was put under suspension.
Sri Prabhakar Awasthi, learned counsel for the petitioner contended that the respondent no. 5 who is the private party had made a complaint and is in habit of making complaint against fair price license holders and in the present case also only on the basis of a complaint that the license has been put under suspension. He further contended that till date the cancellation proceedings have not been done and has relied upon the decision of this Court in Writ-C No. 13549 of 2020, Textiles Works Union Ltd. vs. State of U.P. and another , decided on 08.09.2020.
Learned Standing Counsel appearing on behalf of the State while defending the order of suspension could not place before the Court any material so as to substantiate whether any cancellation proceeding has taken place or not.
Having heard learned counsel for the parties and perusal of material on record, I find that more than 1 year has passed since the license of fair price shop of petitioner has been suspended and no proceedings for cancellation by the district authority have been initiated.
In the interest of justice, it is directed that if petitioner files a comprehensive reply with respondent no. 3 within 15 days from today with the copy of this order, the concerned authority shall decide the objections of the petitioner strictly in accordance with law after affording opportunity of hearing.
Writ petition stands disposed of.
Order Date :- 30.7.2021 V.S.Singh
1 issue framed by the court
Whether the fair price shop license holder is entitled to a chance to use a specific prior decision.
Colour shows how this judgement treated each authority
Textiles Works Union Ltd. vs. State of U.P.Referred¶6
Writ-C No. 13549 of 2020, Textiles Works Union Ltd. vs. State of U.P. and another
Dev Narayan Singh
State Of U.P.
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
