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2025 DAILYLAW 156142 (ALL)

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

WRIC/7528/2025 · 2025-08-07

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46060 Court No. - 6 Case :- WRIT - C No. - 7528 of 2025 Petitioner :- Israr Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies U.P. Lko. And 2 Others Counsel for Petitioner :- Satish Kumar Sharma 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 an order dated 30.07.2025 whereby the interim application filed by the petitioner along with the appeal, was rejected. 3. The contention of the counsel for the petitioner is that based upon some complaints made, a show cause notice-cum- suspension order was passed, which is on record as Annexure no.2. He draws my attention to the said annexure wherein apart from three people, all have deposed in favour of the petitioner. He argues that even from E-Pos Machine, nothing wrong was found as is also observed on page 25 of the paper book. He argues that without there being any cogent material and only on the ground that the petitioner did not file the reply as he was unwell, the order impugned was passed cancelling the license of the fair price shop. The petitioner preferred an appeal along with the interim relief application. 4. Considering the fact, no serious allegations were levelled, the interim application ought to have been considered. These facts have not been considered. 5. In view thereof, the present petition is disposed off with direction to the appellate authority to decide the pending appeal no.3502 of 2025 with all expedition preferably within a period of four months. 6. Till the disposal of the appeal, the operation and effect of the cancellation order dated 19.07.2025 shall remain stayed, meaning thereby that the petitioner would be entitled to work as the fair price shop license holder till the disposal of the appeal. Order Date :- 7.8.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench