Court No. - 27
Case :- WRIT - C No. - 13976 of 2018 Petitioner :- Smt. Mamta Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Shri Juned Alam, learned counsel for the petitioner and Shri Sanjay Ram Yadav, learned Standing Counsel for the State- respondents.
The petitioner was the fair price shop licensee of village panchayat Patherwa (Mahuyawan). A show cause notice was issued to the petitioner on 27.11.2017 asking her to show cause on certain malpractices alleged in the said notice. The petitioner did not tender her reply within the stipulated time frame. A reminder was sent to the petitioner on 2.1.2018 to submit her reply, but she failed to do so. The fair price shop licence of the petitioner was terminated by the Licensing Authority on 22.2.2018. The petitioner submitted her reply to the order of termination on 24.2.2018.
The petitioner has challenged the order of termination before this Court on the ground that the petitioner could not tender her reply in time due to illness. Consequently, the case of the petitioner went undefended before the Licensing Authority and her licence was cancelled.
The learned counsel for the petitioner submits that the petitioner has categorically refuted every charge laid out against her in her reply.
In view of the aforesaid circumstances, the only prayer made is that the petitioner may be permitted to file an application before the authorities indicating the reasons for her failure to submit a reply to the show cause notice.
The learned Standing Counsel has resisted the aforesaid submissions. He contends that defence has been taken up for the first time before this Court and is after thought.
Heard the submissions at the bar. A consideration of the case of the petitioner regarding her failure to submit her reply on medical grounds would serve the interests of justice.
It is open to the petitioner to submit an application containing reasons for her failure to submit a reply to the show cause notice in time alongwith the relevant medical reports and documents. In case, the petitioner submits such application alongwith supporting documents to the respondent No. 3 within a period of one month from today, the respondent No. 3 shall decide the aforesaid application on merits within a further period of one month from the date of receipt of certified copy of this order alongwith the aforesaid representation/application.
In case, the authority accepts the reasons for failure to submit the reply to the show cause notice within time, the respondent No. 3 shall thereafter hear the matter on merits and pass fresh orders after considering the reply of the petitioner to the show cause notice submitted on 24.2.2018. The fresh decision on merits, in such situation shall made within a further period of two months after a decision on the application providing reasons for failure to submit the reply in time.
It is clarified that this Court has not interfered with the order of termination dated 22.2.2018. However, the same shall be abide by the final orders passed by the respondent No. 3. It is also made clear that in case, the petitioner fails to submit the aforesaid application within the stipulated time of one month from today, the directions made in the writ petition will stand recalled .
The writ petition is finally disposed of.
Order Date :- 25.4.2018 Ravi Prakash