Mubarak Khan vs State Of U.P. Thru. Secy. Food & ...
2021 Latest Caselaw 2591 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- MISC. SINGLE No. - 18810 of 2020
 

 
Petitioner :- Mubarak Khan
 
Respondent :- State Of U.P. Thru. Secy. Food & Civil Supply Lko. & Ors.
 
Counsel for Petitioner :- Krishna Kumar Singh
 
Counsel for Respondent :- C.S.C.,Vivek Kumar Verma
 

 
Hon'ble Attau Rahman Masoodi,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

By order dated 2.12.2020, learned Standing Counsel was called upon to produce a copy of the notice dated 2.5.2016. A copy of the notice is placed before this Court. It is submitted that the petitioner has failed to file any response to the notice issued.

Even if the reply was not filed it was incumbent upon the authorities concerned to have proceeded in accordance with law. The inquiry has not followed the notice. That apart, the pendency of the criminal proceedings under Section 3/7 of the Essential Commodities Act cannot be a cause for cancellation of petitioner's fair price shop licence so long as he is not convicted for the commission of offence under the said provision. This is the position of law opined by this Court in a Full Bench judgment rendered in the case of Bajrangi Tiwari versus Commissioner, Devi Patan Mandal Gonda and another reported in 2018 AIR(Allahabad) 115.

Let the counter affidavit be filed within four weeks to which rejoinder affidavit, if any, may be filed within two weeks thereafter.

List after expiry of the aforesaid period.

Until further orders of this Court, the impugned orders as contained annexures 1 and 2 to the writ petition are hereby stayed and the petitioner shall be allowed to run the shop by restoration of supplies.

Order Date :- 18.2.2021

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