HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18189 of 2019 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Kushagra Srivastava, learned counsel for petitioner and Sri S.B. Singh, learned Standing Counsel for State. 2. After hearing learned counsel for petitioner, this Court finds that it is a case of remand to Appellate Authority so that an appeal filed by petitioner against cancellation of his fair price shop license be considered afresh on following grounds :- a. The petitioner is able to show from records that he has filed an explanation to charges on 17.04.2018 running into 5 pages since a certified copy of same is placed on record which has endorsement of dated 19.04.2018 at office of concerned S.D.M., however, it appears that it was not immediately placed on file of case, therefore, a finding returned by Licensing Authority in the impugned order dated 02.05.2018 that no reply was filed appears to be contrary to record. b. The petitioner has taken a very specific ground in memo of appeal by annexing photocopies of certified copy of reply that reply was already on record. The Appellate Authority has taken note of it, however, since explanation was entirely based on 14 affidavits of complainants who have earlier made complaint against petitioner and details thereof were mentioned in paragraph 3 of said reply, however, it appears that said affidavits were not filed along with memo of appeal and that was the main Versus Counsel for Petitioner(s) : Abdul Majeed, Kashif Gilani, Kushagra Srivastava, Sanjay Singh, Shahrukh, Sufia Saba Counsel for Respondent(s) : C.S.C., Mohd. Naushad Siddiqui, Ugrasen Kumar Pandey Afroz .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) reason due to which appeal was dismissed. c. Even in such circumstances, Court finds that Appellate Authority can summon records to verify whether affidavits were filed or not, however, said exercise was not undertaken despite appeal is in continuity of first order. d. In view of above, Court finds that petitioner has been prejudiced and principles of natural justice were not completely followed. 3. Accordingly, impugned appellate order dated 01.03.2019 is set aside and matter is remitted back to concerned Appellate Authority for fresh consideration. The petitioner is at liberty to file photocopies of affidavits which are annexed with this writ petition or if necessary, fresh affidavits can be filed. Said exercise shall be undertaken within 3 weeks. 4. Thereafter, concerned Appellate Authority will consider the same and will call the records, if necessary, and will decide the appeal within 3 months thereafter. 5. Writ petition stands disposed of with above observations, liberty and directions. September 17, 2026 N. Sinha WRIC No. 18189 of 2019 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad