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2025 DAILYLAW 134714 (ALL)

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

WRIC/3631/2025 · 2025-04-23

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22983 Court No. - 6 Case :- WRIT - C No. - 3631 of 2025 Petitioner :- Nazma Bagum Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supply Lko. And 2 Others Counsel for Petitioner :- Padam Kant Mishra,Sikandar Zulqarnain Khan Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioner challenging an order dated 09.04.2025 whereby the shop of the petitioner as a fair price shop holder was suspended after inspection. 3. Learned Standing Counsel has placed the copy of instructions, which are taken on record. 4. The order in question reveals that a search was carried out at the shop of the petitioner. In the order it was recorded that the food-grains were lifted to the extent as prescribed and detailed in the order dated 09.04.2025. Thereafter, the statement of the petitioner was taken wherein she stated on oath that in the month of April, 2025, in respect of the entitlement, the entire food grains were taken and she stated that in the go-down, the stock as disclosed was available. On the basis of preliminary enquiry carried out the statement of the petitioner was considered and a view was formed that she had admitted that she had siphoned of the food-grains and on the basis of the said understanding, the order impugned came to be passed. 5. Prima facie, in terms of the statement recorded, the inference as drawn does not appear to be correct, even the subsequent statement of the petitioner that the food-grains were shifted to the adjoining room on account of the construction going on with regard to the floor which was damaged has not even been considered, as such, the order requires interference. As an appeal is prescribed against the order of suspension, the present petition is disposed of permitting the petitioner to prefer an appeal within a period of three weeks from today, which shall be disposed of expeditiously in accordance with law. 6. Till the disposal of appeal, the suspension order dated 09.04.2025 shall remain stayed. Meaning thereby, the petitioner would be permitted to work as a fair price shop dealer, in accordance with law. Order Date :- 23.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench