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2016 Supreme(All) 876

RITU RAJ AWASTHI
RAM LAKHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Anurag Narian Srivastava for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Ritu Raj Awasthi, J.—Heard learned counsel for petitioner as well as learned standing counsel and perused the records.

2. The writ petition has been filed challenging the order dated 16.7.2016 mainly on the ground that the order impugned has been passed at the dictates of the District Magistrate, Hardoi, without proper application of mind. It is also contended that the opposite party No. 3, Sub Divisional Magistrate has no power or authority to recall/review its earlier final order.

3. Learned standing counsel was directed to seek instructions.

4. With the consent of parties’ counsel, the matter is being decided finally without calling for the counter-afidavit as it involves trivial question of law.

5. Learned counsel for petitioner submits that by the impugned order dated 16.7.2016 the license of fair price shop of petitioner has been cancelled. It is submitted that on the complaint of Smt. Somwati an enquiry was done by the Regional Food Inspector on 14.4.2016 in which certain alleged irregularities were found and the license of fair price shop of petitioner was suspended vide order dated 16.4.2016. On the basis of the enquiry report, a notice was issued to petiti











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