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2025 DAILYLAW 165288 (ALL)

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

WRIC/9138/2025 · 2025-09-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9138 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel. 2. The present petition has been filed by the petitioner challenging the order dated 09.09.2025, whereby the interim application filed by the petitioner along with the appeal was dismissed. 3. The contention of learned counsel for the petitioner is that on the basis of the complaint made by one person, proceedings were initiated for cancellation of the fair price shop license of the petitioner. It is stated that the petitioner had given a reply, however, an order came to be passed on 30th August, 2025, cancelling the fair price shop license. 4. The order impugned recorded that 19 persons had given an affidavit that there is no dissatisfaction with the petitioner. However, with regard to 12 other persons, it was stated that they had not given a categorical affidavit. 5. Learned counsel for the petitioner states that out of the said 12 persons, 10 persons had given an affidavit in favour of the petitioner, however, the same was wrongly disbelieved. 6. Be that as it may, the fact remains that there were no substantial materials against the petitioner warranting the extreme order of cancellation. Versus Counsel for Petitioner(s) : Praveen Kumar Sharma Counsel for Respondent(s) : C.S.C. Smt. Shyam Pati .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko. And 2 Others .....Respondent(s) 7. In view thereof, the present petition is disposed of directing the appellate authority to decide the pending appeal No.4134 of 2025 with all expedition, preferably within a period of four months from today. 8. Till decision on the appeal, the operation and effect of the order dated 30.08.2025 shall remain stayed, meaning thereby the petitioner would be permitted to work till the decision on the appeal. September 19, 2025 Ashutosh WRIC No. 9138 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench