Court No. - 2
Case :- WRIT - C No. - 62464 of 2013 Petitioner :- Mohd. Idarish Respondent :- The State Of U.P. Thru Secy. And 2 Others Counsel for Petitioner :- Niraj Kumar Tripathi,Nazia Illyas,Ravindra Prasad,S.A. Siddiqui,S.K.A Rizvi,S.K.Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
By way of this petition, the petitioner has challenged the order whereby on 18.10.2007 his fair price shop licence was suspended.
Reply was given by petitioner on 24.7.2007 which did not find favour with the Sub Divisional Magistrate who was pleased to cancel the licence on 11.11.2007. It is submitted by petitioner in this writ petition and even before the Appellate Authority that his reply dated 24.7.2007 has not been considered and, therefore, there is a violation of principles of natural justice.
It is submitted that the appeal being Appeal No. 96 of 2007-08 preferred by petitioner on 5.11.2007 came to be dismissed without any basis. On petition being filed before this Court, order came to be passed on 6.12.2012. The documentary evidence was filed before the Appellate Authority also. It is the say of the petitioner that respondent no. 1 cancelled the fair price shop of the petitioner once again vide order dated 10.1.2013. The appeal also met with the same fate.
Learned counsel for the petitioner submits that the allegations are without any basis. They are factually incorrect and the names of person was said to have been newly impleaded in the list were not examined nor the complainant was examined.
This is nothing but disputed question of fact into which I would not like to go. There are serious allegations levelled and proved.
In that view of the matter the prayer nos. A, B and C prayed by petitioner cannot be granted and is rejected. The petition sans merits and is dismissed.
Order Date :- 27.7.2018 Mukesh