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2025 DAILYLAW 84638 (ALL)

SANJAY KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIC/26808/2025 · 2025-08-10

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135010 Court No. - 33 Case :- WRIT - C No. - 26808 of 2025 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred present writ petition inter-alia with the following prayers :- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.08.2023 passed by the Additional Commissioner (Food and Supply), Moradabad Mandal, Moradabad in Case No.870 of 2019, Computerized No.201913000000870 (Sanjay Kumar Vs. State of U.P. and another) as well as order dated 28.01.2019 passed by the District Supply Officer, Moradabad (Annexure No.1 & 2 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to restore the license of the Fair Price Shop of the petitioner." 2. The petitioner is a fair price shop license holder. The fair price shop license of the petitioner has been cancelled by the District Supply Officer, Moradabad vide order dated 28.01.2019. Aggrieved against the aforesaid statutory appeal as provided under the Essential Commodities Act was filed, which was also rejected by the respondent no.2 due to absence of counsel for the petitioner vide order dated 19.08.2024. Aggrieved against the aforesaid, petitioner has preferred present writ petition. 3. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent-State and perused the record. 4. In this view of the matter, the Court is of the prima facie opinion that in place of approaching this Court the petitioner should move a recall application before the respondent no.2 to recall the aforesaid order dated 19.08.2024. 5. At this point of time, a prayer has been made by counsel for the petitioner to dismiss present writ petition as not pressed with liberty to file recall application before the respondent no.2. 6. The writ petition is dismissed with liberty as prayed. Order Date :- 11.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad