Court No. - 10
Case :- WRIT - C No. - 41745 of 2018 Petitioner :- Mahbub Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri B.B. Pandey, learned Addl. Chief Standing Counsel.
The petitioner is before this Court assailing the order dated 14.9.2018 passed by second respondent by which the fair price shop license of the petitioner has been suspended. It is also contended that against the order impugned the petitioner has already submitted detailed objection and the same may be directed to be decided expeditiously.
Shri B.B. Pandey, learned Addl. Chief Standing Counsel has placed the order dated 5.12.2018 passed in Public Interest Litigation (PIL) No.4839 of 2018 (The Sahkari Sasta Galla Vikreta Union v. State of U.P. & Ors.), which is reproduced as under:-
"The Public Interest Litigation has been filed for an appropriate writ, order or direction for the respondents to conduct enquiry in accordance with Government Order dated 27.8.2018 and complete the same within a definite time frame.
From perusal of the office order dated 29.8.2018 (Annexure-4) it reveals that the entire issue with regard to misuse of Aadhar authentication in distribution of E-POS has been handed over to Special Task Force, Uttar Pradesh.
It is submitted by the learned Standing Counsel that the Special Task Force is making necessary enquiry in the matter.
Having considered the statement made at Bar and having looked into the office order dated 29.8.2018, we leave it for appropriate disposal by directing the Senior Superintendent of Police (STF), Lucknow to ensure expeditious enquiry/investigation in the matter and to arrive at a logical consequence. The entire enquiry should be completed as far as possible within a period of six months from today.
The writ petition stands disposed of."
In this backdrop, learned Addl. Chief Standing Counsel submitted that special task force has already been constituted to look into the veracity of the allegations in the matter across the State of U.P. and the same is going on and as such no interference is required in the matter.
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 asking the authority concerned to consider the objection so filed by the petitioner and finalise the proceeding in question strictly in accordance with law expeditiously in the light of the Government Order dated 29.7.2004 and Full Bench decision of this Court in Puran Singh Vs. State of U.P. and others reported in 2010 (2) UPLBEC 947.
Order Date :- 18.12.2018 A. Pandey