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2018 Supreme(All) 2175

AJAY BHANOT
Sarfaraz Khan – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
For the Petitioner: Kailash Singh Kushwaha
For the Respondent: C.S.C.,K.S. Tiwari

JUDGMENT :

Ajay Bhanot, J.

1. The petitioner is a fair price shop dealer of Gram Panchayat Shadi Bankat, Block-City, District-Mirzapur. The fair price shop dealership of the petitioner was suspended by order dated 16.03.2018 and a show cause notice was issued by the self same order.

2. The petitioner has assailed the composite order of suspension/show cause notice dated 14.03.2018 in the instant writ petition.

3. The submission of Sri Kailash Singh Kushwaha, learned counsel assisted by Sri Sanjay Kushwaha, learned counsel for the petitioner is that the respondent authority which took out the order dated 16.03.2018 was not competent to do so. The order of suspension is passed by the authority in excess of jurisdiction vested by law. The jurisdiction of the respondents authorities to suspend the fair price shop licence of the petitioner and conduct any enquiry into malpractices stood ousted after the promulgation of The National Food Security Act, 2013 read with U.P. State Food Security Rules, 2015. There is a head on collision and an irreconcilable conflict between The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to








































































































































































































































































































































































































































































































































































































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