Ram Prakash vs State Of U.P. And Others
2011 Latest Caselaw 2137 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- WRIT - C No. - 32188 of 2011
 
Petitioner :- Ram Prakash
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- P.K. Chauhan
 
Respondent Counsel :- C.S.C.,D.D. Chauhan
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Ran Vijai Singh,J.

Amendment application as prayed is allowed.

The petitioner shall make amendment during the course of day.

Heard learned counsel for the petitioner and learned Standing Counsel.

By the consent of the parties, the writ petition is disposed of finally today.

By this writ petition, the petitioner has prayed for quashing the order dated 28.4.2011 by which petitioner's Fair Price Shop agreement was suspended and thereafter by order dated 21. 5.2011. the same has been cancelled. After suspension order dated 28.4.2011, it is alleged that the petitioner was asked to submit reply but no reply has been submitted by the petitioner.

Petitioner's case is that he has already distributed kerosene oil on 28.4.2011. Relevant details regarding the same has been filed. Petitioner's further case is that suspension order was served upon the petitioner on 18.4.2011 and few days later cancellation order has been passed. A perusal of the order indicates that the order has been passed only on the ground that the petitioner did not submit any reply.

We are of the view that it was necessary for the Sub Divisional Officer to record finding and then thereafter pass cancellation order.

In view of the aforesaid the orders dated 28.4.2011 and 21.5.2011 cannot sustain and are hereby set aside. It is, however, open to the respondents to take fresh decision in accordance with law.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 30.5.2011

Ram Murti