Court No. - 3 Case :- MISC. SINGLE No. - 4439 of 2010 Petitioner :- Smt.Kalawati W/O Mewa Lal Respondent :- Commissioner,Devi Patan Mandal, Gonda Petitioner Counsel :- Nitin Srivastava Respondent Counsel :- C.S.C,D.N.Srivastava Hon'ble Shri Narayan Shukla,J.
Heard Mr. Nitin Srivastava, learned counsel for the petitioner and Mr.
D.N. Srivastava, learned counsel for the opposite party no.3.
By means of the present writ petition the petitioner has challenged the
order dated 1.4.2010 passed by the opposite party no.2 i.e. Deputy
Collector, Sadar, District Bahraich, whereby the the licence of the
petitioner’s fair price shop has been cancelled as also the order dated
21.7.2010 passed by the opposite party no.1 i.e. Commissioner Devi
Patan Division, Gonda in appeal upholding the the same .
Learned counsel for the petitioner submits that the petitioner’s licence of
fair price shop has been cancelled on the ground of her resignation
submitted before opposite party no.2 on 9th March, 2010, which is
disputed by the petitioner on the ground that if it was so why the
authority concerned did not take care of this fact in passing order on
31.3.2010, whereby her licence was restored. Thus he submits that the
order is without application of mind whereas, learned counsel for
opposite party no. 3 by inviting the attention of this court towards the
order passed by the opposite party no.2 vehemently argued that
resignation was submitted before him by the petitioner herself which has
been acknowledge by the authority concerned, therefore, at this stage it
is not open for her further to dispute the notorised affidavit, whereby the
resignation was submitted before the opposite party no.2 by herself.
Notorised affidavits as well as the objection raised against him have also
been brought on record, upon perusal of which I feel it appropriate to
direct the opposite party no.2 to inquire the matter afresh and ascertain
the correct facts regarding submission of resignation by the petitioner
herself as well as the acceptance thereof.
Keeping in view the aforesaid observation/direction made hereinabove I
hereby quash the orders dated 1.4.2010 and 21.7.2010 passed by the
opposite parties 2 and 1 respectively with the direction to the opposite
party no.2 to inquire the matter and pass appropriate order within one
month from the date of production of a certified copy of this order before
him after providing opportunity of hearing to the parties concerned.
In the result, the writ petition is allowed.
Order Date :- 9.8.2010
GSY
