Heard learned counsel for petitioner as well as learned standing counsel.
The writ petition was dismissed in default vide order dated 6.11.2017. The application for recall of order dated 6.11.2017 as well as application for condonation of delay have been filed. Learned standing counsel represents the opposite parties.
No objections have been filed.
In the interest of justice, the applications are allowed.
Delay in moving the application for recall is condoned.
Order dated 6.11.2017 is hereby recalled.
The writ petition is restored to its original number.
Now, with the consent of parties' counsel, I proceed to decide the writ petition on merit. The writ petition has been filed challenging the order dated 13.2.2012 whereby the appeal filed under Clause 28 (3) U.P. Scheduled Commodity Distribution Order, 2004 was dismissed. Learned counsel for petitioner submits that inadvertently by mistake the petitioner has not challenged the order by which the fair price shop licence was cancelled. It is necessary that the same may also be challenged along with the appellate order. It is stated that he may be permitted to withdraw this writ petition with liberty to file a fresh. The writ petition is accordingly dismissed as withdrawn.
The petitioner shall be at liberty to approach the appropriate forum for the purpose of challenging the cancellation order of fair price shop licence as well as appellate order. Order Date :- 27.8.2019 Santosh/-