SARITA DEVI v. STATE OF U.P. THRU. PRINCIPAL SECRETARY,DEPARTMENT OF FOOD AND CIVIL SUPPLY LUCKNOW AND ANOTHER
WRIC/4405/2025 · 2025-05-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138888 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138888 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27054 Court No. - 6 Case :- WRIT - C No. - 4405 of 2025 Petitioner :- Sarita Devi Respondent :- State Of U.P. Thru. Principal Secretary,Department Of Food And Civil Supply Lucknow And Another Counsel for Petitioner :- Rajesh Kumar Singh,Vivek Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Notice on behalf of the State has been accepted by learned Additional Chief Standing Counsel.
2. This writ petition has been filed quashing of the order dated 26.04.2025 passed by the S.D.M. Sadar, Gonda, whereby the petitioner's license of fair price shop has been suspended.
3. Learned counsel for the petitioner submits that without following due process of law and without giving any opportunity of hearing to the petitioner, license of his fair price shop has been suspended. However, he did not dispute the fact that there is a specific remedy provided under Clause 13 of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control)
Order, 2016 to file an appeal against the said order before the appellate authority i.e. Divisional Commissioner.
4. In view of the aforesaid fact, this writ petition is
disposed off with liberty to the petitioner to approach the appellate authority along with the application for interim relief. For a period of 15 days from today, the impugned
order dated 26.04.2025 shall not be given effect to.
5. It is further directed that the stay application filed by the petitioner shall be considered and disposed off within a period of 10 days from the date of its filing.
Order Date :- 8.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench