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2018 Supreme(All) 652

SIDDHARTHA VARMA
FARZANA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Dharm Raj and Shobh Nath for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Siddhartha Varma, J.—When the fair price shop of the respondent No. 4, namely, Bhavnath Singh was suspended on 13.5.2016 and when it was thereafter upon an enquiry restored on 8.2.2017, the petitioner who was aggrieved by the restoration of the fair price shop filed an appeal which was numbered as 68 of 2017. However, when the petitioner’s appeal was dismissed on 19.5.2017 by the Deputy Commissioner (Food) Varanasi Division-Varanasi as being not maintainable, the petitioner filed the instant writ petition.

2. Learned counsel for the petitioner submitted that the respondent No. 2 had placed reliance on the English version of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, and had held that the appeal was not maintainable. He submits that this was in contravention of the settled principle of law that if there was any confusion or ambiguity with regard to any provision of the authoritative English translation of a particular piece of legislation then it was always permissible to look into the Hindi text of it to remove any doubt or ambiguity.

3. Learned counsel for the petitioner read out the English version of the Cla




















































































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