Court No. - 45
Case :- WRIT - C No. - 19596 of 2018 Petitioner :- Smt. Shanti Devi Respondent :- Commissioner Gorakhpur Division And 3 Others Counsel for Petitioner :- Suresh Chandra Pandey Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Ajay Bhanot,J.
Heard Sri Suresh Chandra Pandey, learned counsel for the petitioner and learned Standing Counsel for the State.
The fair price shop licence of the petitioner was cancelled by order dated 31.7.2017. The petitioner carried order of cancellation in appeal. The appeal was allowed by the appellate authority by order dated 23.4.2018 and the matter was remanded back for fresh consideration.
The petitioner has assailed the part of the order which remands the matter back for consideration by the licensing authority.
The order passed by the appellate authority is a reasoned one, which reflects application of mind. The reasons on which the order of remand is founded are that the licensing authority did not consider the defence and the evidence in support of the defence tendered by the petitioner before the licensing authority. The licensing authority failed to consider the reply to the show cause notice and the evidence tendered in defence by the petitioner. The material to which the licensing authority failed to comply its mind was critical to the defence of the petitioner. The order of termination passed by the licensing authority was thus unsustainable in law.
In this view of the matter there is no infirmity in the order passed by the appellate authority.
Learned counsel for the petitioner Sri S. C. Pandey recast his prayer and submitted that the petitioner has bonafide anxiety that the licensing authority shall not decide the matter within a stipulated time frame and may not consider the reply submitted by the petitioner.
In view of the aforesaid submissions, the respondent no.3 is directed to apply his mind to the reply to the show cause notice and other material tendered in defence by the petitioner, independently and decide the matter by a reasoned and speaking order. The exercise shall be completed by the respondent no.3 within a period of two months from the date of receipt of certified copy of this order.
With aforesaid observations present writ petition stands disposed of.
Order Date :- 28.5.2018 Pramod