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2021 Supreme(All) 1577

V. K. BIRLA
Balram – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajnesh Kumar
For the Respondent: C.S.C., Hari Narayan Singh and Puneet Bhadauria

JUDGMENT :

V.K. Birla, J.

1. Heard Sri Ram Sagar Yadav, Advocate holding brief of Sri Rajnesh Kumar, learned counsel for the petitioner and learned Standing Counsel and Sri Puneet Bhadauria, learned counsel for the respondent No. 4, Rasbihari and Sri H.N. Singh, learned counsel appearing for the respondent No. 5.

2. Present petition has been filed with following prayers:

    "I. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 31.12.2020, passed by respondent No. 2 i.e. Additional Commissioner (Judicial), Kanpur Region, Kanpur in Appeal No. 02089 of 2019 (Computer Case No. C2019030000002089) (Balram v. Sub Divisional Magistrate), under Section 13 (1) of the U.P. Essential Commodities (Supply & Distribution), whereby, the respondent No. 2 allowed the recall application of the respondent No. 4 and recalled his judgment and order dated 26.6.2020, passed in the aforesaid appeal (Annexure 5 to this writ petition).

II. Issue a writ, order or direction in the nature of mandamus permit the petitioner to" carry the stock of essential commodities and to restore the order dated 26.6.2020, passed by respondent No. 2."

3. By the order impugned herein dated 31.

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