Court No. - 27
Case :- WRIT - C No. - 15188 of 2018 Petitioner :- Dharm Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Brijendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents.
The petitioner's fair price shop licence has been cancelled by means of an order dated 3.4.2018, passed by the Sub-Divisional Magistrate, Puwayan, district Shahjahanpur.
The contention of the learned counsel for the petitioner is that without affording proper opportunity of hearing to the petitioner and without compliance of principles of natural justice, the order impugned cancelling his fair price shop has been passed.
On the other hand, learned Standing Counsel has contended that all the grounds that have been raised in the writ petition can be taken before the Competent Authority under the provisions of Clause 13 of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to as Order of 2016), which provides for filing an appeal against the order cancelling licence of fair price shop.
In view of the specific provisions of appeal provided under Clause 13 of the Order of 2016, I am not inclined to interfere in the order passed by the Sub-Divisional Magistrate,Puwayan, District Shahjahanpur dated 3.4.2018 cancelling the licence of fair price shop of the petitioner.
Leaving it open for the petitioner to pursue his remedy under the provisions of Clause 13 of the Order of 2016 in accordance with law, I dismiss the writ petition.
Order Date :- 26.4.2018 sfa/ (Jayant Banerji, J)