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2021 Supreme(All) 389

VIVEK KUMAR BIRLA
Mamta Devi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Yadvendra Mani Mishra, Prashant Shukla

JUDGMENT :

1. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and perused the record.

2. Present petition has been filed challenging the impugned order dated 28.2.2020 passed by the respondent no. 2-District Supply Officer, Etawah whereby fair price shop of the petitioner has been cancelled.

3. The Stamp Reporter has reported laches of 208 days in challenging the impugned order.

4. It was submitted by learned counsel for the petitioner is that the petitioner had earlier approached this Court by filing a writ petition being Writ-C No. 17151 of 2020 (Mamta Devi vs. State of UP and another), which was dismissed with liberty to file fresh petition vide order dated 7.12.2020. By drawing attention to the Government Orders dated 13.4.2017 and 6.9.2018, it was submitted that the District Supply Officer is required to obtain approval from the District Magistrate before passing the impugned order. It was submitted that the order of suspension and cancellation can be passed by him only after obtaining permission from the District Magistrate. By drawing attention to Government Order dated 6.9.2018, it was submitted that in paragraph

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