{"id":64493,"date":"2010-01-19T00:00:00","date_gmt":"2010-01-18T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/rajneesh-kumar-tyagi-vs-state-of-u-p-and-others-on-19-january-2010"},"modified":"2015-02-06T10:28:07","modified_gmt":"2015-02-06T04:58:07","slug":"rajneesh-kumar-tyagi-vs-state-of-u-p-and-others-on-19-january-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/rajneesh-kumar-tyagi-vs-state-of-u-p-and-others-on-19-january-2010","title":{"rendered":"Rajneesh Kumar Tyagi vs State Of U.P. And Others on 19 January, 2010"},"content":{"rendered":"
Allahabad High Court<\/div>\n
Rajneesh Kumar Tyagi vs State Of U.P. And Others on 19 January, 2010<\/div>\n
                                                                       Court No. 21\n\n\n                    Civil Misc. Writ Petition No. 30912 of 2009.\n                                Rajneesh Kumar Tyagi\n                                        Versus\n                              State of U.P. and others.\n\nHon'ble V.K. Shukla,J.\n<\/pre>\n
       In the present case subject matter of challenge is an order passed by the
\nSub Divisional Magistrate, Tehsil Chandpur, District Bijnore dated 24.8.2008
\ncancelling the fair price shop licence of the petitioner and order dated 28.5.2009 of
\nits affirmance in appeal.\n<\/p>\n
       Brief background of the case as mentioned by the petitioner is that on
\n2.7.2008 for the first time petitioner was appointed as fair price shop agent, as is
\nprovided for under Uttrar Pradesh         Scheduled Commodities Distribution Order,
\n2004. At the premises of the petitioner, inspection was carried out on 21.7.2008 by
\nSupply Inspector and Naib Tehsildar and various irregularities were pointed out
\nand based on the same, order of suspension was passed and petitioner was asked
\nto submit his written reply. Petitioner submitted his reply on 31.7.2008 and
\nthereafter, on 24.8.2008 orders have been passed cancelling his faire price
\nlicence. Aggrieved, petitioner preferred an appeal, same has also been rejected on
\n28.5.2009. At this juncture present writ petition has been filed.\n<\/p>\n
       Counter affidavit has been filed and therein photo copy of the inquiry report
\nand photo copy of the show cause notice\/suspension order has been appended.\n<\/p>\n
       Rejoinder affidavit has been filed disputing the averment mentioned in the
\ncounter affidavit and reiterating the averment mentioned in the writ petition.\n<\/p>\n
       After pleading mentions above, have been exchanged, and thereafter,
\npresent writ petition has been taken up for final hearing\/disposal with the consent
\nof the parties.\n<\/p>\n
       Sri. R.K. Verma, Advocate, learned counsel for the petitioner contended with
\nvehemence that in the present case petitioner has been meted with totally arbitrary
\nand discretionary treatment and after submitting reply, at no point of time, any
\ninquiry whatsoever has been conducted and ignoring specific reply so submitted
\nby the petitioner, straight way opinion has been formed and as such orders are
\nliable to be quashed.\n<\/p>\n
       Countering the said submission, learned Standing Counsel on the other
\nhand contended that rightful view has been taken in the matter, as such no
\ninterference is required by this court.\n<\/p>\n
       After respective arguments have been advanced, relevant provision, which
\n                                             2<\/span><\/p>\n
covers the field namely; Uttrar Pradesh          Scheduled Commodities Distribution
\nOrder, 2004 is being looked into:-\n<\/p>\n
      4. Running of fair price:- (1) A fair price shop shall be run through such
\n      person and in such manner as the Collector, subject to the directions of the
\n      State Government may decide.\n<\/p><\/blockquote>\n
             (2) A person appointed to run a fair price shop under sub-clause(1)
\n      shall act as the agent of the State Government.\n<\/p><\/blockquote>\n
            (3) A person appointed to run a fair price shop under sub-clause (1)
\n      shall sign an agreement, as directed by the State Government regarding
\n      running of the fair price shop as per the draft appended to this order before
\n      the competent authority prior to the coming with effect of the said
\n      appointment.\n<\/p><\/blockquote>\n
      21. Monitoring in accordance with the order issued by the State
\n      Government-(1) A food Officer shall ensure proper monitoring of fair price
\n      shops and prescribe model sale register, stocks register and ration card
\n      register in accordance with the order issued by the State Government.
\n      (2) Food Officer shall ensure regular inspection of fair price shop in his
\n      asrea not less than once in a month in urban area and not less than once
\n      in a month in rural area by the supply inspector. The State Government
\n      may issue order specifying the inspection schedule, list of checkpoints and
\n      authority responsible for ensuring compliance of the said order.
\n      (3) (i) Competent authority shall ensure constitution of Vigilance
\n      Committee Administrative Committee ( Gram Sabha Level) at fair price
\n      shop which shall monitor the functioning of the fair price shop.\n<\/p><\/blockquote>\n
       (ii) Meeting of such Committees shall be held on regular basis and in a
\n      manner as directed by the State Government.\n<\/p><\/blockquote>\n
      (4) Competent Authority shall ensure a periodic system of reporting and
\n      the complete information in this regard shall be sent in the prescribed from
\n      a follows:-\n<\/p><\/blockquote>\n
       (i) By fair price shops to the District Authorities by the 7th of the month
\n      following the month for which allocation is made in Form-A\n<\/p><\/blockquote>\n
         (ii) By the District Authorities to State Government by the 15th of the
\n      month following the month for which allocation is made in Form-B.
\n      (5) Competent authority shall ensure that Scheduled Commodities are
\n      made available to agents in accordance with the roster prescribed by the
\n      State Government in this regard.\n<\/p><\/blockquote>\n
      (6) Monthly allocation of good grains, sugar, kerosene and other
\n      Scheduled commodities shall be supplied to the agent only and that only
\n      on receipt of a certificate, issued by the concerning Vigilance Committee,
\n      Administrative Committee duly countersigned by the supply or Senior
\n      Supply Inspector of Village Development Officer of the area clearly
\n      mentioning that prior month’s allocations have been distributed by the
\n      agent in accordance with the rules.\n<\/p><\/blockquote>\n
      (7) Competent authority shall ensure delivery of one copy of allocation
\n      order made to fair price shop simultaneously to Gram Panchayat or Nagar
\n      Palika or Nagar Nigam as the case may be and Vigilance Committees or
\n      any other body nominated for monitoring the functioning of the fair price
\n      shops by the State Government.\n<\/p><\/blockquote>\n
      (8) Competent authority and Food Officer shall check the diversion,
\n      substitution or adulteration of Scheduled Commodities.\n<\/p><\/blockquote>\n
      22.   Power of entry, search , seizure, etc.-(1) The Food Officer, the
\n            Competent Authority, the Senior Supply Inspector of Supply
\n            Inspector may within his jurisdiction with such assistance if any, as
\n            he thinks fit-<\/p><\/blockquote>\n
      (a) Require the owner, occupier or any other person in charge of any
\n      place, premises, vehicles or vessels in which he has reason to believe that
\n                                        3<\/span><\/p>\n
any contravention of the provisions of this order has been or is being, or is
\nabout to be made, to produce any book, account or other documents
\nshowing transaction relating to such contravention.\n<\/p>\n
(b)Enter, inspect or break open and search any place or premises, vehicle
\nor vessel in which he has reason to believe that any contravention of the
\nprovisions of this order has been or is being or is about to be made.
\n\u00a9 Examine and seize any books of accounts and documents which in the
\nopinion of such officer may be useful for or relevant to any proceeding
\nunder this order and return such books of accounts and documents to the
\nperson from whom they were seized any books of accounts and
\ndocuments which in the opinion of such officer may be useful for or
\nrelevant to any proceeding under this order and return such books of
\naccounts and documents to the person from whom they were seized after
\ncopies thereof or extracts there from as may be considered necessary and
\ncertified copy of the person to be correct have been taken.\n<\/p>\n
(d) seize any Scheduled Commodities, if he is satisfied that there has been
\ncontravention of this order;\n<\/p>\n
(e) Send a report as provided in Section 6(a) of the Act to the Collector of
\nthe District in which such seizure is made and the Collector may thereafter
\nprecede to confiscate the Scheduled Commodities, animals, vehicles
\nvessel or other conveyance so seized in accordance with the provisions of
\nthe Act.\n<\/p>\n
(2) The provisions of Section 100 of the Code of Criminal Procedure, 1973
\n(Act No.2) of 1974) relating to search shall as far as may apply to search
\nunder this clause.\n<\/p>\n
23. Power of State Government to authorize any person to inspect
\netc.- The State Government may authorize any person other than those
\nreferred to in Clause 22 to perform all (sic or ) any of the functions detailed
\nbelow:-\n<\/p>\n
(a) to inspect any stocks of Scheduled Commodities, books of accounts or
\nother documents pertaining to any Scheduled Commodities with a view to
\nensure that no contravention of this order is being made and for the
\npurposes of such inspection enter any premises used or believe to be used
\nfor the sale or distribution or storage of Scheduled Commodities:\n<\/p>\n
(b) to require any person to make any statement or furnish any information
\nor produce any documents or furnish any information or produce any
\ndocument or article in his possession or under his control relating to the
\npurchase, sale distribution or storage of any Scheduled Commodities and
\nany person so required shall comply with such requisition.
\n\u00a9 to inspect any ration card or require any person to give any information
\nin regard to such member of his household as are included in the ration
\ncard.\n<\/p>\n
25.. Conditions to be observed by the agent- The agent shall observe
\nsuch conditions as the State Government or the Collector may by an order
\nin writing direct from time to time in respect of opening of shop
\nmaintenance of stocks, supply and distribution of Scheduled Commodities,
\nmaintenance of accounts, keeping of the registers filing returns and issue
\nof receipt of Identity Card holder and other matters.\n<\/p>\n
28. Appeal -(1) All appeals shall lie before the Concerned Divisional
\nCommissioner who shall hear and dispose of the same may by order
\ndelegate his\/her powers to the Assistant Commissioner Food for hearing
\nand disposing of the appeal.\n<\/p>\n
(2) Any person aggrieved by an order of the Food Officer or the designated
\nauthority refusing the issue or renewal of a ration card or cancellation of
\nthe ration card may appeal to the Appellate Authority within thirty days
\nfrom the date of receipt of the order.\n<\/p>\n
(3) Any agent aggrieved by an order of the competent authority
\nsuspending or cancelling agreement of the fair price shop may appeal to
\nthe Appellate Authority within thirty days from the date of receipt of the
\norder.\n<\/p>\n
                                            4<\/span><\/p>\n
        (4) No such appeal shall be disposed of unless the aggrieved person or
\n        agent has been given a reasonable opportunity of being hear.
\n        (5) Pending the disposal of an appeal the Appellate Authority may direct
\n        that the order under appeal shall not take effect until the appeal is
\n        disposed of.\n<\/p>\n
        State Government for the purpose of maintaining supply of food grains and
\nother   essential commodities      and for securing their equitable distribution and
\navailability at fair prices in exercise of the powers conferred under section 3 of the
\nEssential Commodities Act, 1955 (Act No. 10 of 1955) read with the order of the
\nGovernment of India, Ministry of Consumer Affairs, Food and Public Distribution,
\nDepartment of Food and Public Distribution, published under GSR 630 (E), dated
\nAugust 31, 2001 and all other powers enabling him in this behalf, the Governor
\nmad order known as Uttar Pradesh Scheduled Commodities Distribution Order,
\n2004, which was published in U.P. Gazette, Extra Part 4, Section (Kha), dated
\n20.12.2004. As       per clause 4 of       Uttar Pradesh Scheduled Commodities
\nDistribution Order, 2004 fair price shop was to be run through such person and in
\nsuch manner as the Collector, subject to the directions of the State Government
\nwas to decide. Sub para (2) of para 4 provides that a person appointed to run a
\nfair price shop under sub-clause (1) shall act as the agent of the State
\nGovernment. Sub clause (3) of Clause 4 provides that a person appointed to run a
\nfair price shop under sub-clause (1) shall sign an agreement, as directed by the
\nState Government regarding running of the fair price shop as per the draft
\nappended to this order before the competent authority prior to the coming with
\neffect of the said appointment. Clause 21 empowers Food Officer to monitor in
\naccordance with the order issued by the State Government and further ensures
\nthat monthly allocation of schedule commodities, shall be supplied only on receipt
\nof certificate, clearly mentioning that prior months allocation have been distributed
\nas per Rules. Clause 22 gives authority of entry, search, seizure. Clause 25,
\nobliges agent to comply with directions issued by State Government or Collector in
\nrespect of opening of shop, maintenance of stock, supply and distribution of
\nSchedule Commodities, maintenance of accounts, keeping of register, filing returns
\nand issue and receipt of card holders and other matter. Clause 26, puts restriction
\non transfer of agency. Clause 27 deals with punishment for contravention, in
\naccordance with orders issued by State Government. Clause 28 confers right of
\nAppeal. Clause 29, is saving clause for action taken under this order. Clause 30 is
\nagain saving clause, which saves action taken under repealed 1990 order. Clause
\n31 contains non obstate clause, dealing with overriding effect.\n<\/p>\n
        Uttar Pradesh Scheduled Commodities Distribution Order, 2004 in context of
\n                                                   5<\/span><\/p>\n
Government Order dated 29.7.2004 has been subject matter of interpretation
\nbefore the Division Bench in the case of Harpal Versus State of U.P. and others
\nin Civil Misc. Writ Petition No. 58470 of 2005 and the view taken has been that
\nboth the Government Orders as well as provision of Distribution Order are still co
\nexisting and decision will have to be taken keeping in view of Government Order
\ndated 29.7.2004 by the concerned authority on the basis of the inquiry report, by
\nspeaking order on objective consideration of record.\n<\/p>\n
      Relevant extract of said judgment is being quoted below.\n<\/p>\n
             ” ^^4- fuyfEcr dh x;h nqdkuksa ds fo:) tkWap dh dk;Zokgh vf\/kdre ,d ekg esa
\n             vfuok;Z :i ls iwjh dh tk;sxh rFkk tkWp esa lEcfU\/kr nqdkunkj dks lquokbZ dk iwjk
\n             ekSdk fn;k tk;sxkA lEcfU\/kr nqdkunkj dk ;g nkf;Ro gksxk fd og tkWp esa viuk
\n             iwjk lg;ksx ns rkfd tkWp dk dk;Z tYnh ls tYnh iwjk fd;k tk lds rFkk fu;qfDr
\n             izkf\/kdkjh }kjk izdj.k esa xq.k nks”k ds vk\/kkj ij vfUre fu.kZ; fy;k tk ldsA ;fn
\n             nqdkunkj }kjk tkap esa lg;ksx ugha fn;k tk jgk gks vkSj tkap esa foyEc djus dk
\n             iz;kl fd;k tk jgk gks rks nqdkunkj dks bl vk’k; dk Hkh uksfVl tkjh fd;k tk;sxk
\n             vkSj viuk i{k j[kus dk vfUre volj iznku fd;k tk;sxkA
\n             5-        tkWp dh dk;Zokgh vf\/kdre ,d ekg esa iw.kZ djds fu;qfDr izkf\/kdkjh }kjk
\n             izdj.k esa vfUre fu.kZ; fy;k tk;sxk vkSj xq.k nks”k ds vk\/kkj ij ,d ^^Lihfdax vkMZj**
\n             tkjh fd;k tk;sxkA bl vkns’k esa ;g Li”V mYys[k gksuk pkfg, fd lEcfU\/kr
\n             nqdkunkj dks lquokbZ dk volj fn;k x;k vkSj mls lquk x;kA ;fn nqdkunkj us tkWp
\n             esa lg;ksx ugha fd;k gks vkSj lquokbZ ds volj dk tkucw>dj mi;ksx u fd;k gks rks
\n             vfUre vkns’k esa bl ckr dk Hkh iwjk mYys[k gksuk pkfg, fd nqdkunkj dks volj
\n             iznku fd;k x;k rFkk vfUre uksfVl fn;k x;k ijUrq mlus tkucw> dj volj dk
\n             mi;ksx ugha fd;k vkSj tkWp esa lg;ksx ugha fd;kA**<\/p>\n
             Paragraphs 4 and 5 of the Government order provides that the shops where
\n             the licence of fair price shop dearer has been suspended enquiry must be
\n             completed within a period of one month and in the enquiry the licensee
\n             should be given opportunity of hearing and if the licensee tries to delay the
\n             enquiry then a notice be given to him fixing a last date of enquiry and
\n             thereafter final speaking order on merits would be passed. The provisions of
\n             paragraphs 2,4, and 5 are mandatory in nature and its non compliance
\n             would vitiate the order passed by the concerned authority. Paragraph 7 had
\n             fixed a period of one month for enquiry and another month for passing
\n             cancellation order and for appointment of new dealer. It further provides that
\n             where a fair price shop licence has been suspended\/cancelled the fair prices
\n             shop will be attached for a maximum period of two months.\n<\/p><\/blockquote>\n
                      The Additional chief Standing Counsel has urged that the Uttar
\n             Pradesh scheduled Commodities Distribution Order, 2004 (in brief the 2004
\n             Order ) which was notified and published on 20.12.2004 has superseded the
\n             government order dated 29.7.2004. The argument is devoid of any merits. It
\n             is necessary to extract clause 30 and31 of 2004 order as under”-\n<\/p><\/blockquote>\n
                     30. Savings:- Any act performed under the provisions of the Uttar
\n             Pradesh scheduled Commodities Distribution Order, 1999, which is hereby
\n             repealed prior to commencement of this order shall be deemed to have
\n             been validly performed under the provisions of this order.\n<\/p><\/blockquote>\n
                      31. Provisions of the order to prevail over previous orders of
\n             State Government.”- The provisions of this order shall have effect
\n             notwithstanding anything to the contrary contained in any order made by the
\n             State Government before the commencement of this order except as
\n             respects anything done, or omitted to be done thereunder before such
\n             commencement”\n<\/p><\/blockquote>\n
                      From a reading of clause 30 it is clear that the Uttar Pradesh
\n             scheduled Commodities Distribution Order, 1990 was superseded and
\n             repealed. Clause 31 of 2004 Order states that it will have effect irrespective
\n             on any thing contrary to it contained in any earlier order issued by the State
\n             Government. The 2004 Order was issued by the state Government for
\n                                                            6<\/span><\/p>\n
             maintaining the supplies of food grains and other essential commodities and
\n             for securing their equitable distribution and availability at fair prices. Its
\n             clause 21 is concerned with monitoring of fair price shops by the food
\n             officer and he was to make regular inspections. Clause 22 of the Order
\n             gave power to the Food Officer and other officers the power of entry, search
\n             and seizure and clause 23 gave power to the State Government to authorise
\n             any person to in respect the stocks of scheduled commodities other than the
\n             officers mentioned in clause 22. So far as the maintenance of supply of food
\n             grains and other essential commodities and their distribution and availability
\n             at fair price shop was concerned the 2004 Order provided stringent methods
\n             to deal with the erring licensees of fair price shops. But the 2004 Order did
\n             not provide any procedure for suspension\/cancellation of the licences or
\n             agreement of fair price shop licensees. The 2004 Orders did not lay down
\n             any procedure as to how and in what manner the licence\/agreement of a fair
\n             price shop licensee\/agent has to be suspended or cancelled nor any time
\n             frame has been provided. On the other hand, the government order dated
\n             29.7.2004 prescribes the procedure for taking recourse to
\n             suspension\/cancellation by the officers and fixes a time frame for taking
\n             action against the licensees. The government order dated 29.7.2004 does
\n             not contain any provision which is contrary to 2004 Orders. The 20043
\n             Order has not superseded the government order dated 29.7.2004. The
\n             Government Order dated 29.7.2004 and 2004 Order dated 20.12.2004
\n             operate in different fields. We are of the considered opinion that the
\n             Government order dated 29.7.2004 and the 2004 Order dated 20.12.2004
\n             are valid and are still in force and are applicable in the State of Uttar
\n             Pradesh.\n<\/p><\/blockquote>\n
      Apart from this in term of                   sub clause (3) of Clause-4 of Uttar Pradesh
\nscheduled Commodities Distribution Order, 2004 there is statutory agreement and
\nas per the terms and conditions of the statutory agreement, in para 22 it has been
\nmentioned that in the departmental action which will be taken, opportunity of
\nhearing has to be afforded and thereafter decision has to be taken. Para 22 of the
\naforementioned statutory agreement is being extracted below:-\n<\/p>\n
             ^^1-        ;fn vkSj tc fdlh ,rn~ iwoZ mfYyf[kr ‘krksZ vkSj izfrcU\/kksa esa ls fdlh dk Hkh vfHkdrkZ }kjk
\n             mYya?ku fd;k tk; vFkok @ vkSj vuqikyu u fd;k tk; rks l{ke izkf\/kdjh] fyf[kr :i ls Li”Vr%
\n             dkj.k crkrs gq, vfHkdrkZ }kjk tek izfrHkwfr dh jkf’k vius foosdkuqlkj vkaf’kd vFkok lEiw.kZ :i ls
\n             ‘kklu ds i{k esa tCr dj ldrk gS vFkok bl vuqcU\/k i= dks fuyfEcr djrs gq, vfHkdrkZ ds fo:)
\n             vxzrs j tkap ,oa foHkkxh; dk;Zokgh la;ksftr djkdj izfdz;k esa yk ldrk gS vkSj foHkkxh; dk;Zokgh dh
\n             izfdz;k esa vfHkdrkZ dks mlds fo:) lk{;ksa dk voyksdu djus dk volj iznku djrs gq, vfHkdrkZ dks
\n             viuk i{k izLrqr djus dk volj iznku djrs gq, xq.kkoxq.k ds vk\/kkj ij fopkjksijkUr vfHkdrkZ dk
\n             vuqcU\/k i= fujLr dj ldrk gS rFkk lEiw.kz izfrHkwfr jkf’k ‘kklu ds i{k esa tCr dj ldrk gSA
\n             2-          ;fn fdlh izdj.k esa vfHkdrkZ dh dsoy izfrHkwfr dh gh jkf’k vkaf’kd vFkok iw.kZ :i ls l{ke
\n             izkf\/kdkjh }kjk tCr dh tkrh gS rks tCr izfrHkwfr jkf’k dh izfriwfrZ vfHkdrkZ }kjk dj fn;s tkus ds
\n             mijkUr gh vfHkdrkZ }kjk iqu% nqdku dk lapkyu fd;k tk ldsxkA
\n             3-,sls fdlh Hkh vkns’k ds fo:) vfHkdrkZ }kjk mRrj izn’s k vuqlfw pr oLrq forj.k vkns’k 2004 ds
\n             izkfo\/kku 28 ds vUrxZr vihy izkf\/kdkjh ds le{k fu\/kkZfjr vof\/k ds vUnj vihy nkf[ky dh tk
\n             ldsxhA**<\/p>\n
       Perusal of aforementioned provision quoted above would go to show that
\nas per agreement entered in between the State Government and Agent that if
\nthere is any breach of conditions and restrictions, then departmental action is
\nfeasible and      based on the                evidence available against him after providing
\nopportunity of hearing to put forth his version, decision has to be taken. This
\nparticular provision assures that agent has to be given fair treatment before action
\nis taken for cancellation of his agreement.<\/p><\/blockquote>\n
                                          7<\/span><\/p>\n
      On the touch stone of the provision quoted above, the facts of the present
\ncase are being adverted to. Admitted position is that petitioner has been appointed
\nas fair price shop licence on 2.7.2008 and thus he was new entrant in the business
\nof the distribution of the fair price shop commodities. On 21.7.2008 inspection has
\nbeen carried out at his premises and same reflects that qua rest of the stock, entry
\nnil was there and qua kerosene being stock was shown as 990 litres and total
\nstock was shown as 990 litres and remaining stock was shown as 990 litres. After
\nsaid inspection note has been made, order of suspension has been passed
\nwherein all seven charges were mentioned. Petitioner submitted his reply and in
\nthe said reply so submitted, petitioner denied the charges and also specifically
\ndenied that as far as distribution of kerosene oil is concerned, it has been rightly
\ndistributed at prescribed rate and no incumbent, whatsoever has made complaint
\nagainst him. After reply had been submitted on 31.7.2008 taking into consideration
\nreply so submitted straight way order of cancellation has been passed. Once
\nspecific case of the petitioner has been that no card holder has come forward
\nagainst him and said name had not all been disclosed, and along with counter
\naffidavit, document has been sought to be appended then petitioner ought to have
\nbeen confronted with the said material, instead of placing reliance on reply
\nsubmitted by the petitioner, and forming opinion, Authority concern has proceeded
\nto pass order even without considering full reply, and ignoring the specific reply
\nsubmitted on various score. Fact of the matter is that after reply had been
\nsubmitted by the petitioner, then in case further enquiry was required then further
\nopportunity ought to have been afforded to the petitioner, and in the present case
\nwithout providing reasonable opportunity order has been passed.\n<\/p>\n
      Consequently, orders dated 24.8.2009 and 28.5.2009 are hereby quashed
\nand set aside. Passing of this order will not prevent the authority concerned from
\npassing fresh order in accordance with law.\n<\/p>\n
      With these observations, writ petition is allowed.\n<\/p>\n
Dt. 19.01.201
\nT.S.<\/p>\n","protected":false},"excerpt":{"rendered":"
Allahabad High Court Rajneesh Kumar Tyagi vs State Of U.P. And Others on 19 January, 2010 Court No. 21 Civil Misc. Writ Petition No. 30912 of 2009. Rajneesh Kumar Tyagi Versus State of U.P. and others. Hon’ble V.K. Shukla,J. In the present case subject matter of challenge is an order passed by the Sub Divisional […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[9,8],"tags":[],"class_list":["post-64493","post","type-post","status-publish","format-standard","hentry","category-allahabad-high-court","category-high-court"],"yoast_head":"\nRajneesh Kumar Tyagi vs State Of U.P. 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