Court No. - 30
Case :- WRIT - C No. - 3229 of 2019 Petitioner :- Bahadur Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Suresh Kumar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Alok Sharma, learned Standing Counsel appearing for the State respondents.
Present petition has been filed for quashing the order dated 30.8.2018 passed by the respondent no. 2.
Stamp Reporter has reported laches of 58 days.
By the impugned order the card holders of the petitioner's fair price shop have been attached to another shop and the petitioner was granted time to file his explanation. According to the petitioner he has already submitted his reply on 7.12.2018.
Submission of learned counsel for the petitioner is that merely on the ground that registration of a first information report against the petitioner and that this stand cannot be taken.
Learned counsel for the petitioner has placed several judgments and orders of this Court in support of his argument that on the ground of registration of first information report such steps cannot be taken.
Per contra, learned Standing Counsel has supported the impugned order.
I have perused the judgments and orders of this Court. I need not find any reason to include the details of the same inasmuch as the aforesaid judgments and orders are with regard to cancellation of fair price shop, whereas in the present case only card holders have been attached to another shop and the petitioner has been granted time to submit his explanation, which he has already submitted.
The judgments and orders cited by learned counsel for the petitioner are clearly distinguishable and I do not find any good ground to interfere in the order impugned herein.
At this stage, learned counsel for the petitioner submits that the authority concerned may be directed to pass consequential orders on the explanation of the petitioner within time bound period.
Accordingly, it is observed that the authority concerned shall consider the explanation of the petitioner and shall pass consequential orders in pursuance thereof, preferably, within a period of one month from the date of production of a certified copy of this order before him.
With the aforesaid observations, present petition stands dismissed.
Order Date :- 29.1.2019 Lalit Shukla