Allahabad High Court High Court

Suresh Babu vs State Of U.P. And Others on 28 June, 2010

Allahabad High Court
Suresh Babu vs State Of U.P. And Others on 28 June, 2010
Court No. - 36

Case :- WRIT - C No. - 37031 of 2010

Petitioner :- Suresh Babu
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Alpana Dwivedi
Respondent Counsel :- C.S.C.

Hon'ble Sheo Kumar Singh,J.

Hon’ble Rajesh Chandra,J.

Challenge is to the order passed by the licensing authority dated 15.5.10 by
which the petitioner’s fair price shop licence has been suspended.

On a perusal of the order it is not clear that what are the specific charges and
it appears that at the dictate of some higher official, the order has been passed.

The Chairman, District Cooperative Development Union is said to have
written a letter on 20.4.10 by which certain allegations against the petitioner
has been said to be not correct.

Be that as it may as the order is only of suspension, the matter has to be
finally decided.

Petitioner claims to have submitted a reply to various allegations and if that
has not been received then the petitioner is directed again to file
detailed/exhaustive representation within a period of 15 days from today and
consideration of the facts and material on record, the District Supply officer
who passed the order dated 15.5.10 has to pass fresh orders on merits and in
accordance with law preferably within a period of one month from the date of
receipt of the response as directed.

On facts this court directs that for a period of six weeks from today, the effect
to the order dated 15.5.10 shall not be given.

Order Date :- 28.6.2010
SM