Court No. - 10
Case :- WRIT - C No. - 42501 of 2018 Petitioner :- M/S Karan Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Satyaveer Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Satyaveer Singh, learned counsel for the petitioner and Shri Vivek Srivastava, learned Standing Counsel for the State respondents.
Petitioner is before this Court with the request to ask the respondents to take a final call on reply filed by the petitioner dated 12.09.2018.
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. Learned counsel for the petitioner in support of his submissions further apprised to the Court merely on the basis of F.I.R. lodged under Section 3/7 Essential Commodities Act Section 60 , the petitioner's shop has been placed under suspension and the same is 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 has been apprised to the Court that ex-parte inquiry has been conducted against the petitioner and at no point of time, the same has been communicated to the petitioner.
Learned Standing Counsel very fairly submits that in case any such objection is still pending consideration, the same would be considered by the Authority concerned at the earliest.
In the facts and circumstances, this Court is of the considered opinion that the said inquiry report may be furnished by the Authority to the petitioner within ten days time from the date of production of certified copy of this order and thereafter the petitioner is at liberty to file objection/response in further week's time and in case, the same has been filed within the time specified by this Court, this Court hopes and trust that the respondent Authorities would finalize the said proceeding expeditiously, preferably within a period of six weeks thereafter but certainly keeping in mind the ratio laid down in Government Order dated 29.7.2004 and Full Bench of this Court in Puran Singh(supra).
With these observations, the Writ Petition is disposed of.
Order Date :- 19.12.2018 A. Pandey