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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S.AHLUWALIA
Mahima Mahila Prathmik Upbhokta Bhandar Khajiraho – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petition filed for mandamus regarding suspension. (Para 1 , 2) |
| 2. final order on suspension required after notice. (Para 3) |
| 3. authority's obligation to issue show cause notice. (Para 4 , 5 , 6) |
| 4. petition allowed, authority directed for timely conclusion. (Para 7 , 8) |
| 5. court does not interfere with merits of case. (Para 9) |
ORDER :
1. This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :-
“(i) Issue a writ of mandamus directing the respondent No.3 Sub Divisional Officer(R), Rajnagar, District Chhatarpur, the competent authority under Madhya Pradesh Public Distribution System (Control) Order, 2015, to pass a final order on the order dated 24.03.2023 as also on the subsequent show cause notices issued, within a reasonable time frame so that the petitioner may continue the society.
(ii) Issue any other writ, order or direction as this Hon’ble Court deems fit.”
2. It is submitted by counsel for petitioner that petitioner was running a fair price shop situated in Ward No.1-5. By order dated 24.3.2023, Annexure P-4, this shop was suspended and it was attached. The aforesaid order was challenged by petitioner by filing Writ Pe
Competent authority must issue a final order following suspension of a fair price shop within three months, as mandated by law, ensuring procedural compliance.
Suspension of Fair Price Shop without providing opportunity for hearing constitutes a violation of natural justice, necessitating adherence to procedural fairness in administrative actions.
Administrative actions must adhere to procedural fairness and natural justice principles, including issuing a show-cause notice before suspension.
A suspension order under Clause 8(4) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 must be passed in accordance with the principles of natural justice and the ....
A suspended license under the Assam Public Distribution of Articles Order must have timely cancellation proceedings initiated within 90 days; otherwise, the suspension becomes invalid.
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