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2013 Supreme(All) 2261

TARUN AGARWALA
BAHADUR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
B.N. Rai and Adarsh Kumar for the Petitioner; C.S.C., Ashok Kumar Pandey and Yashwant Singh for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The facts are glaring and depict a sorry state of affairs in the Food and Civil Supply Department.

2. The petitioner was granted a licence to run a fair price shop. On account of certain irregularities alleged to have been committed by him, the licence was suspended and a show-cause notice was issued as to why the licence should not be cancelled. The petitioner gave a reply, and eventually, the licence was cancelled by an order dated 19.3.2009, against which the petitioner preferred an appeal, which was allowed on 18.7.2009 and the matter was remitted again to the prescribed authority to decide the matter afresh. The prescribed authority again cancelled the licence by an order dated 24.8.2009 against which an appeal was preferred, which was also dismissed by an order dated 22.10.2009. The petitioner thereafter filed Writ Petition No. 50253 of 2009, which was allowed by a judgment dated 9.3.2010 and the order of the prescribed authority dated 24.8.2009 as well as the appellate order dated 22.10.2009 was quashed. The matter was again remitted to the prescribed authority to pass a fresh order.

3. The Writ Court found, that pursuant to the remand by t











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