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2026 DAILYLAW 4571 (UTT)

KHOOBLAL v. STATE OF UTTARAKHAND

WPMS/1160/2026 · 2026-05-06

Pankaj Purohit

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.1160 of 2026 Hon’ble Pankaj Purohit, J. Ms. Prabha Naithani, learned counsel for the petitioner. 2. Mr. Yogesh Pandey, learned D.A.G. for the State. 3. Petitioner has filed a Misc. Application (IA No. 2 of 2026) with a supplementary affidavit annexing there with the Government Order dated 15.10.2005. The same is allowed. Supplementary affidavit filed on behalf of the petitioner is taken on record. 4. By means of this writ petition, the petitioner has challenged order dated 22.02.2024, annexure no.3 to the writ petition, passed by District Supply Officer, Udham Singh Nagar, whereby license to run the fair price shop of the petitioner has been suspended and the attachment has also been made. 5. Learned counsel for the petitioner submits that the procedure which has been prescribed under Government Order dated 15.10.2005 has not been complied with and further no opportunity of hearing was given to the petitioner before passing the order impugned in the writ petition as prescribed under Clause IX and X. 6. Learned counsel for the State also relied upon the same Government Order of Clause XIV, which reads as hereunder:- “jk”ku dh nqdkuksa ds fuyEcu@fujLrhdj.k ds vkns”k ds fo:) vihy lEcfU/kr e.Myk;qDr dh tk;sxhA bu ekeyksa esa f}rh; vihy dh O;oLFkk ugha gksxhA ;fn xzke lHkk nqdku fujLrhdj.k dk izLrko djrh gS rks lkFk gh mls ubZ nqdku dh fu;qfDr ds lEcU/k esa Hkh mijksDr izfdz;k ds vuqlkj izLrko djuk gksxk rkkfd forj.k ds dk;Z esa O;o/kku u gksA” 7. It is contended by learned State counsel that the order impugned, in the present writ petition, can be challenged in an Appeal before Commissioner of the Division and therefore the writ petition at this stage is not maintainable. 2 8. Having heard learned counsel for the parties and having perused the Government Order and relevant clause relied upon by the parties, this Court is of the opinion that the argument which has been advanced by learned counsel for the petitioner can very well be raised before the appellate authority, therefore the writ petition cannot be entertained for the reason of there being provided a statutory appeal, against the order impugned. 9. Accordingly the writ petition is dismissed. However a liberty is given to the petitioner to approach the appellate authority under the Government Order dated 15.10.2005. (Pankaj Purohit, J.) 06.05.2026 SK