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2009 Supreme(All) 2866

DEVI PRASAD SINGH
NIYAMAT JAHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.M. Iqbal Hasan for the Petitioner; C.S.C., Niraj Kumar Tripathi for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—The petitioner, a fair price shop licensee, has approached this Court under Article 226 of the Constitution of India against the impugned orders of cancellation of licence of fair price shop with the allegation that action is politically motivated and violative of principles of natural justice.

2. Brief facts giving rise to the writ petition, are as under :

The petitioner possessed a licence to run a fair price shop in village Afjalpur District Moradabad. By an order dated 24.10.2007, the licence of fair price shop of the petitioner, was suspended and later on, cancelled on 13.9.2007. An appeal was preferred and the learned Commissioner, Moradabad had stayed the order dated 25.10.2007 as well as the order dated 13.9.2007 and later on, allowed the appeal by judgment and order dated 27.12.2007. The appellate authority while allowing the revision contained in Annexure 1 observed that the order of cancellation of licence was passed without considering the reply submitted by the petitioner. The allegation with regard to non-supply of foodgrains and kerosene oil to the card holders, were found to be incorrect by the appellate authority. No reason wa
































































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