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2025 DAILYLAW 195988 (ALL)

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

WRIC/11785/2025 · 2025-12-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11785 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Satish Kumar Sharma, learned counsel for the petitioner and Shri Sandeep Srivastava, learned Standing Counsel for the State. 2. The present petition has been filed by the petitioner challenging the order dated 17.11.2024 whereby the interim application filed by the petitioner was rejected. 3. The contention of the counsel for the petitioner is that on the basis of the inspection carried out, the suspension order - cum - show cause notice was issued on 07.07.2025 to which the petitioner had filed a reply, however, the cancellation order came to be passed on 10.09.2025. 4. A perusal of the said order reveals that the same has been passed upon the foundation of the facts which were not even alleged in the show cause notice. Along with the appeal, the petitioner has preferred an interim application, which has been dismissed. 5. Considering, prima-facie, the cancellation order has been passed beyond the allegations contained in the show cause notice, the present petition is disposed off directing the appellate authority to decide the appeal preferred by the petitioner preferably within a period of six months. 6. Till the disposal of the appeal, the order of cancellation dated 10.09.2025 shall remain stayed. Versus Counsel for Petitioner(s) : Satish Kumar Sharma Counsel for Respondent(s) : C.S.C. Smt. Lalita .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supplies And 2 Others .....Respondent(s) 7. It is directed that in case the petitioner does not cooperate in the hearing of the appeal, this order shall not come to the benefit of the petitioner. December 10, 2025 V. Sinha WRIC No. 11785 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench