Maqbool Hussain vs State Of U.P. And 2 Others
2023 Latest Caselaw 21869 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:163705
 
Court No. - 6
 

 
Case :- WRIT - C No. - 22925 of 2023
 

 
Petitioner :- Maqbool Hussain
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- S.M. Iqbal Hasan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

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

This writ petition has been filed interalia for the following relief:-

"A) Issue an appropriate writ order or direction in the nature of certiorari quashing the impugned order dated 26.05.2023 passed by the respondent no. 2 as well as impugned order dated 28.11.2020 passed by respondent no. 3 (As contained in Annexure Nos. 10 and 7 to the writ petition).

B) Issue an appropriate writ order or direction in the nature of mandamus commanding and directing the respondents to restore the agreement of the shop of the petitioner forthwith and restore the supply of the essential commodities.

C) .?"

The counsel for the petitioner submits that the reply as submitted by the petitioner has not been considered and the order dated 28.11.2020 has been passed cancelling the fair price shop license. The aforesaid fact has also not been considered by the appellate authority, therefore, the impugned orders cannot be sustained in the eyes of law. In support of his argument, learned counsel for the petitioner has relied upon the judgment passed by this Hon'ble Court in case of Chhotey Lal Vs. State of U.P. and others reported in [2011(8) ADJ 204].

Considering the facts and circumstances of the case and the submissions advanced on behalf of learned counsel for the parties as well as in view of judgments passed in the case of Chhotey Lal (supra) the impugned orders dated 28.11.2020 and 26.05.2023 are hereby set aside and the matter is remitted with the direction to respondent no. 3 to decide the matter and pass an appropriate order in accordance with law after calling a fresh reply from the petitioner.

With the aforesaid directions, the present petition stands allowed.

It is made clear, the arrangement as made with respect to fair price shop shall continue till final order shall pass by respondent no. 3.

Order Date :- 11.8.2023

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