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2017 Supreme(All) 63

SURYA PRAKASH KESARWANI
BUDDHRAJ – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Neeru Devi, Tej Prakash and Yatindra Kumar Srivastava for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Rashtrapati Khare holding brief of Sri Neeru Srivastava, learned counsel for the petitioner and the learned standing counsel for the State-respondents.

2. On 13.1.2017, the matter was heard and the following order was passed;

“Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos. 1 to 4.

Prima facie the impugned order passed by the respondent No. 3 is unreasoned and non speaking. Prima facie the impugned order indicates failure of the respondent No. 3 to discharge his duty.

Put up on 17.1.2017, on which date the respondent No. 3 shall remain personally present and file his personal affidavit explaining the circumstances and reasons for passing the impugned non speaking order despite specific order dated 16.11.2016 passed by this Court in Writ-C No. 54337 of 2016 directing him to consider the complaint of the petitioner alongwith supporting material while deciding the matter of cancellation of his fair price shop agreement of Village Panchayat Akbarpur Itorura, Vikas Khand Haswa, Tehsil and District Fatehpur.”

3. By the impugned order dated 15.12.2016, the fair price shop agreement of responden





















































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