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2019 Supreme(All) 1304

PRAKASH PADIA
Mukesh Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : S.K.A. Rizvi, S.M. Iqbal Hasan

JUDGMENT :

PRAKASH PADIA, J.

1. Heard Sri S. M. Iqbal Hasan, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. The petitioner has preferred the present writ petition challenging the order dated 20.2.2014 passed by the respondent no.2/Commissioner, Moradabad Division, Moradabad as well as order dated 4.4.2013 passed by the respondent no.3/Sub Divisional Officer, Kanth, Moradabad with further prayer to issue a mandamus commanding the respondents to restore the license of the shop of the petitioner as well as restore the supply of essential commodities to the shop of the petitioner forthwith.

3. The facts in brief as contained in the writ petition are that the petitioner is a fair price shop licensee of Village-Dariyapur, Block Thakurdwara Kath, District Moradabad. In this regard an agreement was executed between the parties and on the basis of the same petitioner was running the aforesaid fair price shop. The provisions of U.P. Scheduled Commodities Distribution Order-2004 was applied in order to run the aforesaid fair price shop.

4. An order dated 4.2.2013 was passed against the petitioner by which his license for fair price shop was suspended.

5. The

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