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Mukesh Kumar vs State of U.P.And Others

Allahabad High Court · Decided on 2 April 2009 · Citation: (2009) 04 AHC CK 0585

HON’BLE JUDGES
V.M.Sahai, J and Ran Vijai Singh, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Writ Petition No. 16064 of 2009
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Judgment

6 paragraphs · 205 words
1.

We have heard counsel for the parties.

2.

The petitioner has challenged the impugned order by which the agreement to run fair price shop of the petitioner has been cancelled by the respondents.

3.

The petitioner has an adequate alternative remedy of filing an appeal before the Commissioner.

4.

This petition is disposed of with a direction to the Divisional Commissioner of the concerned division that in case the appeal is filed by the petitioner within two weeks from today the same shall be decided by the Commissioner/Additional Commissioner treating the appeal to be within limitation. The appeal of the petitioner shall be decided in accordance with law, by passing a reasoned, speaking order within a period of three months from the date a certified copy of this order is produced before him.

5.

Till the appeal of the petitioner is decided by the Commissioner/Additional Commissioner, the fair price shop shall not be allotted to some one else if it has not already been allotted. However, the fair price shop of the petitioner shall be attached with some other fair price shop dealer for distribution of schedule commodities to the card holders.

6.

With the aforesaid direction, the writ petition is disposed of finally.