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2025 DAILYLAW 21828 (ALL)

BAL MUKUND TRIPATHI v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/5298/2025 · 2025-04-23

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63202 Court No. - 33 Case :- WRIT - C No. - 5298 of 2025 Petitioner :- Bal Mukund Tripathi Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Awadhesh Kumar Saxena Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Prakash Padia,J. 1. By the order dated 21.12.2020 passed by the respondent no. 3/ the fair price shop license of the petitioner has been cancelled. Against the aforesaid order a statutory appeal was filed by the petitioner before the Commissioner, Kanpur Division, Kanpur which was subsequently transferred before Additional Commissioner (Administration), Kanpur Mandal, Kanpur/respondent no. 2, the appeal was numbered as Appeal NO. 1162 of 2021 after expiry of more than three years, the same was rejected by the respondent no. 2 vide order dated 19.10.2024. 2. Apart from various other arguments one of the argument has been raised by the counsel for the petitioner that the respondent no. 2 has not given any reason while confirming the order dated 21.10.2020 passed by the District Supply Officer, Auraiyya/respondent no. 3. It is further argued that the respondent no. 2 just narrated the facts as contained in the order passed by respondent no. 3 and thereafter in one line it is stated that no interference is required hence the appeal was rejected. 3. It is settled law that in case any statutory appeal is filed, the appellate authority will consider and decide the same by passing a reasoned speaking order. 4. This fact is also admitted by the counsel for the respondent no. 2. Hence, the order dated 19.10.2024 passed by respondent no. 2 is liable to be set aside and hereby set aside. Respondent no. 2 is directed to pass fresh order in the matter expeditiously and preferably within a period of three months from the date of production of certified copy of this order but after providing opportunity of hearing to all the parties concerned. 5. With the aforesaid observation, the writ petition is allowed. Order Date :- 24.4.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad