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2025 DAILYLAW 115644 (ALL)

SARVESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES,LKO. AND 2 OTHERS

WRIC/195/2025 · 2025-01-10

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1898 Court No. - 7 Case :- WRIT - C No. - 195 of 2025 Petitioner :- Sarvesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies,Lko. And 2 Others Counsel for Petitioner :- Mukul Kumar Sharma,Vaibhav Sangam Mishra Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the petitioner and the learned Standing Counsel. 2. The present petition has been filed by the petitioner challenging the order dated 20.12.2024 whereby the interim application filed by the petitioner was rejected. 3. The contention of the counsel for the petitioner is that on the basis of the inspection carried out, the suspension order - cum - show cause notice was issued on 21.10.2023 to which the petitioner had filed a reply, however, the cancellation order came to be passed on 18.10.2024. 4. A perusal of the said order reveals that the same has been passed upon the foundation of the facts which were not even alleged in the show cause notice. Along with the appeal, the petitioner has preferred an interim application, which has been dismissed. 5. Considering, prima-facie, the cancellation order has been passed beyond the allegations contained in the show cause notice, the present petition is disposed off directing the appellate authority to decide the appeal preferred by the petitioner preferably within a period of six months. 6. Till the disposal of the appeal, the order of cancellation dated 18.10.2024 shall remain stayed. 7. It is directed that in case the petitioner does not cooperate in the hearing of the appeal, this order shall not come to the benefit of the petitioner. Order Date :- 10.1.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench