Court No. - 10
Case :- WRIT - C No. - 38573 of 2018 Petitioner :- Shamshida Begam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Raj Kumar Singh, learned counsel for the petitioner and Shri Sanjay Ram Tripathi, learned Standing Counsel for the State respondents.
Petitioner is before this Court with the request to direct the Sub Divisional Magistrate, Sadar, District Farrukhabad to decide representation/reply dated 15.08.2018 against suspension order dated 21.06.2018 whereby, the license of Fair Price Shop of petitioner has been suspended.
In support of his submission, learned counsel for the petitioner submits that against the petitioner, a First Information Report dated 06.06.2018 registered as Case Crime no.0276 of 2018 under Section 3/7 of Essential Commodities Act as well as Section 420, 467, 468, 471 IPC, P.S. Jahanganj, District Farrukhabad with vague and evasive allegations that the stock register was not fulfilled of essential commodities at the time of inspection. On the basis of averment contained in writ petition, he further submits that in the aforesaid proceeding, the allegations so levelled against the petitioner were not found to be correct and the Inquiry Officer has proceeded to submit a final report in the matter and as such, it is requested that direction may be issued to decide the representation dated 15.08.2018. In support of his submission, he has also placed reliance on the report submitted by the D.G.C. (Civil) dated 06.09.2018, whereby, it is mentioned that subject to decision of the Trial Court, the license of the petitioner may be restored.
In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending. The writ petition, on consent, is disposed of with the direction to the Sub Divisional Magistrate, Sadar, District Farrukhabad to look into the matter and decide the aforesaid representation of the petitioner expeditiously, preferably within a period of three months from the date of production of certified copy of this order but certainly after providing ample opportunity of hearing to all the stake holders in the matter.
Order Date :- 27.11.2018 A. Pandey