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2025 DAILYLAW 131329 (ALL)

INDAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. FOOD AND CIVIL SUPPLY LKO. AND 2 OTHERS

WRIC/3095/2025 · 2025-04-04

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18788 Court No. - 6 Case :- WRIT - C No. - 3095 of 2025 Petitioner :- Indar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Food And Civil Supply Lko. And 2 Others Counsel for Petitioner :- Vijayendra Prakash Tripathi Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel. 2. The present petition has been filed challenging an order dated 24.03.2025, whereby the appeal preferred by the petitioner was dismissed and directions were issued to conclude the proceedings in terms of the show cause notice issued to the petitioner within a period of one month. 3. The contention of learned counsel for the petitioner is that the petitioner is a fair price shop dealer and on the basis of the allegations levelled, a suspension order-cum-show cause notice was passed on 5th December, 2024. Challenging the said order, the petitioner preferred an appeal being Appeal No.2240 of 2024, in which an interim order came to be passed in favour of the petitioner on 02.01.2025. Ultimately, the appeal was dismissed vide the impugned order and directions were issued to conclude the inquiry in pursuance of the show cause notice- cum-suspension order within a period of one month. 4. It is pointed out by learned Standing Counsel that no reply has been filed to the allegations levelled in the show cause notice so far. 5. Considering the submissions made at the Bar, what transpires is that during the pendency of the appeal, the suspension order remains stayed from 02.01.2025 up to 24.03.2025. 6. As directions have been issued to conclude the proceedings within a period of one month, the present petition is disposed of with direction to the petitioner to file a reply to the show cause notice within a period of one week from today. In case, the reply is filed, the proceedings shall be concluded in pursuance of the show cause notice dated 5th December, 2024 within a period of one month, i.e., up to 24.04.2025. 6. For a period of one month, the suspension order shall remain stayed as the same continued during the pendency of the appeal. In case, the reply is not filed within a period of one week, this order shall automatically come to an end. Order Date :- 4.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench