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2008 Supreme(All) 483

V.M.SAHAI, R.N.MISRA
HARPAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
S.D. Dubey for the Petitioner; O.S. Tripathi, Addl. C.S.C. for the Respondents.

JUDGMENT

By the Court.—The petitioner is a fair price shop licencee. His licence has been suspended by order dated 28.5.2005 passed by Sub Divisional Magistrate, Faridpur, District-Bareilly. The petitioner has challenged the suspension order on the ground that the suspension order does not disclose any material which is to be relied upon by the respondents during the enquiry. It has not been mentioned as to when and who had inspected the shop of the petitioner, when he found that the notice was not displayed on the shop. The allegation that the petitioner had not distributed sugar etc. to persons who were below poverty line is vague as no details of persons had been mentioned to whom sugar etc. were not distributed. It has also not been mentioned as to whom the kerosene oil was sold at the rate of Rs. 12/- per litre, in excess of the scheduled price, and in violation of the agreement. The petitioner has challenged the suspension order dated 28.5.2005 by means of this writ petition.

2. We have heard Sri S.D. Dubey, learned Counsel for the petitioner and Sri O.S. Tripathi, Additional Chief Standing Counsel appearing for the respondents. The learned Counsel for the petitioner has urged

























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