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2025 DAILYLAW 107623 (ALL)

SOHANVEER SINGH v. State of UP AND 3 OTHERS

WRIC/39047/2024 · 2025-03-11

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36205-DB Court No. - 29 Case :- WRIT - C No. - 39047 of 2024 Petitioner :- Sohanveer Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vivek Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Learned Standing counsel has obtained instructions which are taken on record. This petition is directed against the order dated 5.10.2024, whereby petitioner's license as a stamp vendor has been suspended. The charge against the petitioner is of demanding additional amount. Learned counsel for the petitioner has invited attention of the Court to the reply of the petitioner in which he has mentioned that he is 70 years old person, who is suffering from various illnesses and at the time when the counsel came he stated that by providing stamp on its face value he gets nothing. He has specifically denied that any additional amount was demanded by him. It is also submitted that petitioner is a stamp vendor for long and there has never been any complaint against the petitioner. Submission is that in such circumstances the suspension of stamp vendor license of petitioner is unreasonable and arbitrary, inasmuch as petitioner otherwise had expressed apologies for having disclosed his plight to the lawyer. Learned counsel for the petitioner submits that the reply of the petitioner has not been examined in correct perspective. Learned Standing counsel submits that the authority concerned shall revisit the matter in light of the materials on record. Considering the fact that this was first allegation ever made against the petitioner, who is 70 years old person and there was otherwise a specific denial of demanding a higher amount the authorities ought to have taken a more lenient approach in the matter. In such circumstances, instead of keeping the writ petition pending, we permit the petitioner to approach the authority concerned again for revocation of the order impugned in the writ petition. It is provided that the concerned authority shall revisit the matter in light of the above observation considering the fact that petitioner otherwise has no complaint against him and is working since long and is around 70 years old. An appropriate decision in terms of the above observation would be taken within a period of four weeks, from the date of presentation of certified copy of this order before respondent no.2. An opportunity of hearing will also to be given to the fourth respondent. The order impugned shall abide by the fresh orders to be passed by the authority concerned in light of the above observation. Petitioner otherwise undertakes not to repeat such act ever again. With the above observation/direction, the writ petition stands disposed of. Order Date :- 12.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad