Smt. Raj Kai Devi vs The State Of U.P. Thru Secy. And 4 ...
2013 Latest Caselaw 6294 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 55043 of 2013
 

 
Petitioner :- Smt. Raj Kai Devi
 
Respondent :- The State Of U.P. Thru Secy. And 4 Others
 
Counsel for Petitioner :- B.K. Chaturvedi,R.K. Upadhyay
 
Counsel for Respondent :- C.S.C.,R.C. Upadhyay
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

       It is submitted by Sri B.K. Chaturvedi, learned counsel for the petitioner that the Sub-Divisional Magistrate concerned by the Order dated 19th September, 2013 restored the licence of the petitioner in respect of the Fair Price Shop in question, subject to imposition of penalty of forfeiture of Rs. 5,000/- from the security deposit made by the petitioner.  It is submitted that the Order was passed after perusing the entire record including the Report submitted by the Area Rationing Officer.  However, the submission proceeds, by the Order dated 21st September, 2013, the Sub-Divisional Magistrate concerned stayed the operation of the Order dated 19th September, 2013 on the ground that Area Rationing Officer in his Report did not consider certain Complaint dated 11th September, 2013 made by Rajendra and Other.

        It is submitted that the Sub-Divisional Magistrate concerned having passed the Order dated 19th September, 2013, has no power to review the said Order dated 19th September, 2013 or to stay the operation of the said Order.

        Matter requires consideration.

        Issue Notice pending admission.

        Notice on behalf of the respondent Nos. 1 to 4 has been accepted by the learned Standing Counsel.

        Notice on behalf of the respondent No. 5 has been accepted by Sri R.C. Upadhayay, learned counsel for the said respondent.

        Therefore, no notice need be sent to the respondents. 

        Counter Affidavit on behalf of the respondents may be filed by 28th October, 2013. 

         Rejoinder Affidavit may be filed by the next date fixed in the matter. 

         List this case on 19th November, 2013.

         Heard on the question of grant of interim relief.

        Having regard to the facts and circumstances of the case, and having considered the submissions made by the learned counsel for the parties, it is provided that till the  next date fixed in the matter, the Operation of the Order dated 21st September, 2013 (Annexure-6 to the Writ Petition) will remain stayed.

Order Date :- 4.10.2013

Priyanka