Manoj Kumar Yadav vs State Of U.P. And 3 Others
2023 Latest Caselaw 10541 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - C No. - 10749 of 2023
 

 
Petitioner :- Manoj Kumar Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Manoj Kumar Yadav
 
Counsel for Respondent :- CSC, Bhupendra Kumar Tripathi
 

 
Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and the counsel for the respondents.

The present petition has been filed by the petitioner challenging the suspension order dated 16.08.2022 whereby the fair price shop license of the petitioner was suspended on account of the allegations levelled by various cardholders.

The petitioner claims that he has submitted his reply to the suspension-cum-show cause notice dated 16.08.2022, however, no steps have been taken thereafter. He places reliance on Clause 8(8) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order 2016, which makes it mandatory that the proceedings should be concluded within a period of two months. He also places reliance on the judgment of this court in Writ-C No.9541 of 2020 (Gagendra Singh vs. State of U.P. and others).

Considering the fact that admittedly the suspension order was passed on 16.08.2022 and is continued for a period of more than two months, the same is clearly unsustainable and is quashed so far as it suspends the license of the petitioner, however, the show cause notice shall be taken to its logical conclusion in accordance with law.

To further clarify, the suspension order is set aside, as a result, the petitioner would be entitled to carry the work of distribution in terms of the license issued in his favour till the time a fresh order is passed against the petitioner, after considering his reply submitted.

The writ petition is allowed to the extent indicated above.

Order Date :- 10.4.2023

VNP/-