Court No. - 10
Case :- WRIT - C No. - 50195 of 2009 Petitioner :- Shiv Mangal Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- Manvendra N. Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
By means of present writ petition, the petitioner has challenged the impugned order dated 09.06.2008 passed by Sub Divisional Magistrate, Tehsil Sikanderpur, District Ballia, whereby, the license of petitioner's fair price shop has been cancelled as well as the order dated 06.08.2009, whereby, the appeal in question has also been rejected.
Learned counsel for the petitioner submits that the present matter is squarely covered with the judgement and order dated 30.01.2018 passed in Writ C no.32424/2014 (Rajendra Singh vs. State of U.P. and others) as well as the order dated 18.09.2013 passed in Writ C no.3934 of 2010 (Smt. Sandhya vs. State of U.P. and others), wherein, similar allegations were levelled against the petitioner and both the writ petitions were allowed, as such it is sought to be contended that similar indulgence may be accorded in the present writ petition also.
So far as the factual and legal aspect is concerned, the same has not been disputed by learned Standing Counsel.
In the facts and circumstances of the case, the writ petition stands allowed in terms of aforesaid orders passed by this Court. Accordingly, the order impugned dated 09.06.2008 as well as order dated 06.08.2009. Let appropriate orders be passed restoring the Fair Price Shop license of the petitioner by the Licensing Authority within a period of four weeks from the date a certified copy of this order is produced before the Authority concerned.
Order Date :- 22.2.2019 A. Pandey