Court No. - 27
Case :- WRIT - C No. - 14766 of 2018 Petitioner :- Seema Begam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri B. P. Singh, learned counsel for the petitioner and learned Standing Counsel for the State.
Learned counsel for the petitioner contends that the petitioner took the order of suspension of his fair price shop license in appeal before the appellate authority. The appeal was registered as Appeal No.266 of 2017, Smt. Seema Begam Vs. State of U.P. and others. By means of order impugned the appeal of the petitioner has been rejected. The appellate court by the impugned order has remanded the matter to the licensing authority for consideration on merits and for final decision thereon.
A perusal of the impugned order dated 14.3.2018 passed by the appellate authority shows that the order has been passed after due application of mind to the facts and the relevant principles of law. It is a speaking order. Prima facie satisfaction has been recorded that the order of initial authority dated 5.10.2017 which suspends the license of the petitioner and calls for reply/explanation from the petitioner, prima facie suffers from no infirmity. The impugned order further directs the original authority to consider the reply of the petitioner and finally decide the matter within a period of 15 days. No exception can be taken to the terms of the order impugned. There is no illegality in the order passed by the S.D.M., Bisauli, District Budaun, which also shows due application of mind to the relevant material in the record. Prima facie a perusal of the aforesaid record shows that an inquiry was conducted which showed up irregularities and malpractices allegedly committed by the petitioner. There is no illegality in the order passed by the S.D.M. Bisauli dated 5.10.2016.
The writ petition is dismissed.
Order Date :- 24.4.2018 Pramod