Citation : 2018 Latest Caselaw 2794 ALL
Judgement Date : 25 September, 2018
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- WRIT - C No. - 32408 of 2018 Petitioner :- Jagdev Jaiswal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Akash Mani Tripathi Counsel for Respondent :- C.S.C. Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. By way of this petition, the petitioner who is one of the card holders and there are several people who had given compliant against the respondent nos. 6 and 7.
2. The respondent nos. 6 and 7 are fair price shop dealers fro the village in question. There were detailed inquiry, Highest Authority of the District has come heavily on the respondents who were responsible for letting off the respondent nos.6 and 7.
3. After all this antecedence of respondent no. 4 has not suspended the licence of respondent no. 6 and 7 uptill fresh inquiry against them.
4. This has aggrieved the petitioner, inquiry may go on is not concern of this Court. The concerned Court is that since there are proved irregularities against the respondent nos. 6 and 7 even earlier orders are passed. As the concerned authority has not suspended the licence or stopped quota of respondent nos. 6 and 7 is the main worry of this Court.
5. District Magistrate who is highest authority under the Act shall look into the matter afresh. Till that is done no no quota shall be released to respondent nos. 6 and 7.
6. Issue notice to respondent nos. 6 and 7 by speed / registered post returnable on 22nd October, 2018.
7. Counsel for the State shall seek instruction and file their reply but the quota of respondent nos. 6 and 7 shall be stopped immediately and compliance be filed with this Court on or before 28 October, 2018 by the concerned Authority.
8. List on 29th October, 2018 only for the State's counsel to apprise the Court regarding the action taken by the authority concerned. The notice is made returnable on 22nd October, 2018 to respondent nos. 6 and 7.
9. A copy of this order be given to counsel for the State Sri Dalveer who shall communicate to District Magistrate, Siddharth Nagar.
Order Date :- 25.9.2018/Mukesh
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