Chief Justice's Court Case :- WRIT - C No. - 40292 of 2010 Petitioner :- Indu Devi Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Udai Shanker Chauhan,R.N. Tripathi Respondent Counsel :- C.S.C.,B.B. Pandey,K.M. Tripathi Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for petitioner, learned counsel for the caveator
Sri K.M. Tripathi and learned Standing Counsel for the respondent nos.
1 to 4.
The challenge is to the order passed by the Sub Divisional Officer dated
21st February, 2010 whereby the allocation of licence of a Fair Price
Shop to the petitioner has been cancelled on the ground that the
number of units as required under the Government Order dated 17th
August, 2002 does not fulfil the conditions as referred in Clause (7)
thereof.
Sri R.N. Tripathi contends that the figure which has been given as 6681
units in the impugned order, is erroneous inasmuch as, the District
Supply Officer has issued a list which indicates that the number of units
in the village in question is 9520.
Learned counsel therefore contends that the aforesaid issue has not
been examined correctly and the impugned order proceeds without
verifying the same.
Learned counsel for the caveator contends that so far as the figure
given by the District Supply Officer is concerned that is only an
approximation as, the number of cards has been multiplied by five
without verifying the number of actual heads.
In view of the aforesaid submissions raised by both the parties, it is
evident that the figure has to be verified after perusing the records as
well as the report and the list given by the District Supply Officer. In this
view of the matter, the non-consideration of the said figures given in the
list of the District Supply Officer vitiates the order.
Accordingly, we set aside the order dated 21st February, 2010 and
direct the Sub Divisional Officer, Mohammadabad, Ghazipur proceed to
decide the matter afresh after taking into consideration the aforesaid
factors as expeditiously as possible preferably within two months from
the date of production of a certified copy of this order before him.
The writ petition is allowed.
Order Date :- 14.7.2010
Sahu