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2013 Supreme(All) 640

ABHINAVA UPADHYA, ASHOK BHUSHAN
GARAHAN RAM – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Amit Kumar Singh for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—Heard learned counsel for the petitioner and learned Standing Counsel.

2. By the consent of the counsel for the parties, the petition is finally disposed of.

3. By this writ petition, the petitioner has prayed for quashing the order dated 1.2.2013 passed by the District Supply Officer by which order, the petitioner’s fair price shop agreement has been suspended.

4. Learned counsel for the petitioner challenging the order contended that the petitioner was appointed as fair price shop dealer by the order of Sub-Divisional Officer and the District Supply Officer has no jurisdiction to suspend the fair price shop agreement.

5. Learned Standing Counsel was allowed time to obtain instruction by the order dated 14.2.2013. Learned Standing Counsel after instruction has submitted that the District Supply Officer is fully empowered to suspend a fair price shop agreement. He submits that the Government Order dated 30.9.2004 has been issued by the Government which has clearly provided that the District Magistrate and the District Supply Officer are entitled to carry out inspection and to take final action including suspension and cancellation of fair price shop agreement






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