Court No. - 10
Case :- WRIT - C No. - 38695 of 2018 Petitioner :- Rajoddin Respondent :- State Of U.P. And 06 Others Counsel for Petitioner :- Devesh Kumar Shukla Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
Petitioner is before this Court assailing the order impugned dated 9.10.2018 passed by the fourth respondent whereby the licence of the fair price shop of the petitioner has been suspended.
Learned counsel for the petitioner apprised to the Court that earlier the petitioner has approached to this Court by preferring Writ-C No. 13117 of 2018 assailing the order dated 18.4.2017 whereby licence of the fair price shop of the petitioner was cancelled. The said writ petition was allowed vide order dated 2.5.2018 and the matter was relegated to the authorities for fresh consideration. In compliance of the direction so issued by this Court, the Sub Divisional Magistrate by order dated 18.6.2018 had restored the licence of the fair price shop of the petitioner. The said order was again subjected to challenged by the private respondent in appeal on the ground that without according an opportunity to the rival claimants, the said order has been passed. By order dated 18.7.2018, the appellate authority has set aside the order dated 18.6.2018 and the matter was again relegated for fresh consideration before the Sub Divisional Magistrate. The said order has again subjected to challenge before this Court by preferring another Writ-C No. 31311 of 2018. Consequently, by an interim order dated 14.9.2018, the aforementioned order was stayed and the notices were issued to the private respondent.
Learned counsel for the petitioner, in this backdrop, states that now by the order impugned, the fourth respondent tried to circumvent the order dated 2.5.2018 passed in the aforementioned writ petition as well as interim order dated 14.9.2018 passed in Writ-C No. 31311 of 2018, which is pending consideration before this Court.
The argument so advanced by learned counsel for the petitioner has force and prima facie the matter requires consideration by this Court.
Learned Additional Chief Standing Counsel has accepted notice on behalf of the State-respondent. Sri Manu Singh has accepted notice on behalf of the seventh respondent.
All the respondent are accorded four weeks time to file response. One week, thereafter, for rejoinder. List thereafter.
Till the next date of listing, the effect and operation of the order impugned shall remain stayed. Meanwhile, the authority would proceed with the enquiry and the petitioner would cooperate in the same but no final order shall be passed.
Order Date :- 27.11.2018 A.K.Srivastava