Court No. - 26
Case :- WRIT - C No. - 11691 of 2018 Petitioner :- Shivji Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shatrunjay Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(ORAL) Learned counsel for the petitioner is permitted to make necessary correction in the array of the parties during the course of the day.
This writ petition has been filed by the petitioner with a prayer for issuance of mandamus to the Licensing Authority to hear the petitioner as well as other complainants also in the inquiry to be conducted in pursuance of the orders passed by the Commissioner, Azamgarh Division, Azamgarh dated 08.02.2018 in Appeal No. C 201715001027 (Shambh Nath vs Apoorti Adhikari, Ballia).
It has been submitted by the learned counsel for the petitioner that the fair price shop licence of Shambhu Nath was cancelled by the Licensing Authority on 28.03.2017. The licensee thereafter filed an appeal, which was partly allowed by the Commissioner and the matter has been remanded to the Licensing Authority to decide afresh after giving opportunity of hearing to the licensee. The petitioner prays that at the time when the inquiry is being held against Shambh Nath, the petitioner and other villagers, who were complainants were also heard.
Accordingly, without entering into the merits of the controversy, this writ petition is disposed of with a direction to the Licensing Authority to hear the complainants also along with the licensee while taking a final decision in the matter.
Order Date :- 30.3.2018 Sazia