Court No. - 46
Case :- WRIT - C No. - 14687 of 2019 Petitioner :- Chandrapal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiva Priya Prasad Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard Sri Shiva Priya Prasad, learned counsel for the petitioner and Sri Vivek Kumar Srivastava, learned counsel for the respondent.
The petitioner claims to be fair price shop agent of Bhoor, Najeempur District Bulandshahr.
A notice was issued to the petitioner for cancellation of the license on the ground that the petitioner is elected ward member and, therefore, he was supposed to surrender the license in pursuance of the Government Order dated 18.8.2008.
The said Government Order was challenged by the petitioner by means of the Writ Petition No. 47963 of 2008, the aforesaid writ petition was dismissed by this Court by judgment dated 25.4.2012. The authorities has again issued a show cause notice dated 2.4.2019 seeking explanation of the petitioner as to why the license of the petitioner's shop is not cancelled as he could not continue as fair price shop agent in view of the Government Order dated 18.8.2008.
The petitioner in the present writ petition has not challenged the notice dated 2.4.2019 and has come up with a following prayer which is extracted herein below:
a) Issue a writ, order or direction in the nature of mandamus directing and respondents authorities not to interfere in the peaceful running of fair price shop by petitioner as a fair price shop dealer in the pursuance of Government Order -2933/29-6-08-76 Sa) 8 dated 18.8.2008 with respect to order dated 8.3.2019 passed by this Hon'ble Court.
The writ petition at this stage is not maintainable for the reason; firstly, the show cause notice issued to petitioner was not challenged and secondly, show cause notice have been issued to the petitioner for which he is required to submit a reply and it has not caused any prejudice to the petitioner. Hence, the writ petition being not maintainable is liable to be dismissed.
Order Date :- 26.4.2019/Ishan