Court No. - 10
Case :- WRIT - C No. - 42451 of 2018 Petitioner :- Dhanni Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Pratap Singh,Vivek Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri P.K.Chauhan, learned Standing Counsel for the State-respondent.
Petitioner is before this Court assailing the order impugned dated 12.11.2018 passed by the third respondent whereby licence of the fair price shop of the petitioner has been suspended.
The precise case has been set up that the entire action so taken by the authorities is in teeth of the Government Order dated 29.7.2004 and the Full Bench of this Court in Puran Singh Vs. State of U.P. and others reported in 2010 (2) UPLBEC 947.
In support of his submission, learned counsel for the petitioner has further apprised to the Court that the action of the respondents is also contrary to law settled by this Court in Jagdish Narayan Mishra Vs. State of U.P. and others (Civil Misc. Writ Petition No. 2851 of 2008), Smt. Raj Kumar Singh Vs. State of U.P. and others (Civil Misc. Writ Petition No. 1766 of 2011), Brij Sewak Gupta Vs. State of U.P. and 3 others (Civil Misc. Writ Petition No. 10672 of 2017). It is also apprised to the Court that against the order impugned the petitioner has also filed detailed reply on 29.11.2018 and the same may be directed to be considered before finalising the matter.
Learned Standing Counsel raised preliminary objection on the ground that against the order impugned the petitioner has got efficacious alternative remedy of filing an appeal and as such the writ petition is liable to be dismissed.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with direction to the authority concerned to finalise the proceeding in question after considering the reply so submitted by the petitioner, in accordance with law and in the light of the Government Orders dated 29.7.2004, 16.10.2014 and Full Bench decision of this Court in Puran Singh (supra) expeditiously and preferably within three weeks from the date of production of certified copy of this order.
Order Date :- 20.12.2018 A. Pandey