Allahabad High Court
Indra Sen vs State Of U.P. Thru Collector And ... on 6 August, 2013
Bench: Satya Poot Mehrotra, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - C No. - 36747 of 2013
Petitioner :- Indra Sen
Respondent :- State Of U.P. Thru Collector And Another
Counsel for Petitioner :- Vikash Chandra Srivastava,Vivek Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Anjani Kumar Mishra,J.
We have heard Shri Saurabh Basu, holding brief for Shri Vivek Kumar Srivastava, learned counsel for the petitioner, and the learned Standing Counsel appearing for the respondent nos. 1 and 2.
Learned Standing Counsel appearing for the respondent nos. 1 and 2 states that instructions, as mentioned in the Order dated 10th July, 2013, have been received by him.
The present Writ Petition has been filed by the petitioner, inter-alia, praying for quashing the Show-Cause Notice dated 8th April, 2013 and the Show-Cause Notice dated 23rd May, 2013.
It appears that the petitioner is having licence in respect of the Fair Price Shop in question. On a complaint made by one Banarasi, Communication dated 8th April, 2013 (Annexure 6 to the Writ Petition) was issued by the Sub-Divisional Magistrate, Chakiya addressed to the said Banarasi, copy whereof was sent to the petitioner directing the petitioner to appear on 20th April, 2013 with evidence in response to the said Complaint made by the said Banarasi.
As per the instructions received by the learned Standing Counsel, the petitioner and others appeared in response to the said Communication dated 8th April, 2013. Thereafter, Show-Cause Notice dated 23rd May, 2013, was issued to the petitioner. Copy of the said Show-Cause Notice dated 23rd May, 2013 has been filed as Annexure 10 to the Writ Petition.
On the basis of instructions, received by the learned Standing Counsel, he further states that the petitioner has not so far submitted his reply to the said Show-Cause Notice dated 23rd May, 2013 whereby the petitioner has been asked to Show-Cause as to why the licence of the petitioner in respect of the Fair Price Shop in question, be not cancelled on the grounds mentioned in the said Show-Cause Notice.
Shri Saurabh Basu, holding brief for Shri Vivek Kumar Srivastava, learned counsel for the petitioner submits that even though the petitioner has already submitted his Objection dated 11.4.2013, the petitioner will submit a fresh reply to the said Show-Cause Notice dated 23rd May, 2013.
In view of the above, we are of the opinion that the interest of justice would be subserved by disposing of the Writ Petition with the following directions:
1. Within three weeks from today, the petitioner will submit his reply alongwith the documents/evidence as well as a certified copy of this order before the Sub-Divisional Magistrate, Chakiya, District-Chandauli (respondent no.2).
2. On receipt of the reply and documents etc., as mentioned above, the respondent no.2 will proceed to decide the matter expeditiously, preferably within a period of two months from the date of receipt of the said reply alongwith the documents etc., after giving reasonable opportunity of hearing to the petitioner as well as all concerned parties and by passing a speaking order in accordance with law.
The Writ Petition is accordingly disposed of with the above directions.
Order Date :- 6.8.2013
Ajeet...
