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2013 Supreme(All) 2753

ASHOK BHUSHAN, V.K.SHUKLA, VIPIN SINHA
INDRAPAL SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ajay Bhanot and J.K.S. Sikarwar for the Petitioner; C.S.C. and Pramod Kumar Sharma for the Respondents.

JUDGMENT

Hon’ble V.K. Shukla, J.—For getting an authoritative pronouncement, as to whether the definition of family as interpreted in the case of Ram Murat and others v. Commissioner, Azamgarh Division, Azamgarh and others, 2006(5) ADJ 396, is correct or not, the matter has been referred to this Full Bench for answering the following two questions’

(i) Whether the judgment of the Division Bench in the case of Ram Murat (supra), defining the word ‘Family’ as given in Government Order dated 3.7.1990 (Para 4.7) lays down the correct law specially after the enforcement of order 2004 ?

(ii) Whether the definition of family as given in Clause 2(o) of U.P. Scheduled Commodities Distribution Order, 2004, shall override the definition of family given in para 4.7 of Government order dated 3.7.1990 ?

2. The factual background in which the aforementioned issues have been raised are that petitioner of present writ petition was appointed as a fair price shop dealer in the year 1993. Petitioner’s son Raj Bahadur was elected as Pradhan in the year 2010. A show-cause notice dated 5th November, 2012 was issued to the petitioner to show-cause as to why the shop be not cancelled, since, he is running t













































































































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