Court No. - 10
Case :- WRIT - C No. - 7531 of 2018 Petitioner :- Surya Bhan Singh Respondent :- State Of U.P. Through Secretary Food And Civil Supply U.P And 2 Others Counsel for Petitioner :- Niladra Shekhar Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Present petition has been filed for quashing the order dated 16.11.2017 passed by District Supply Officer, Mau.
Submission of learned counsel for the petitioner is that the petitioner was never issued any show cause notice and he has not received the same. He submitted that the fact that the petitioner was issued show cause notice on 18.9.2017, which was received by him on 29.9.2017 is incorrect and sending letter dated 27.10.2017 is also incorrect. He submitted that the petitioner was in jail during this period. He has produced a copy of the bail order dated 11.12.2017 passed in Criminal Misc. Bail Application No. 45998 of 2017 (Surya Bhan Singh vs. State of U.P.).
A perusal of the aforesaid order clearly indicates that the petitioner was in jail since 9.11.2017. As such, prima facie, it cannot be said that the show cause notice dated 28.9.2017 was not received by him on 29.9.2017 as he was in jail. The reminder was send by registered post.
However, at this stage, learned counsel for the petitioner submitted that he may be permitted to withdraw the present petition with liberty to file appeal in accordance with law.
Since perusal of original record may be required for proper consideration and the grounds that are being raised before this Court, the petition is dismissed as withdrawn with liberty to the petitioner to file appeal before the Commissioner raising all grievance that have been taken in this petition, who shall consider the appeal on its own merits.
In case, the appeal is filed by the petitioner within 15 from today, the same shall be entertained by the authority concerned without raising objection regarding limitation and the same shall be considered and decided in accordance with law on its own merits.
It is made clear that the arrangement that may have been made during this period shall continue and the same shall not be disturbed, provided there is no other legal impediment merely because any appeal is filed by the petitioner.
With the aforesaid observations, present petition stands dismissed as withdrawn.
Order Date :- 27.11.2019 Lalit Shukla