YUNUS Vs. THE ASSTT. COMMISSIONER (FOOD)
LAWS(ALL)-2012-5-47
HIGH COURT OF ALLAHABAD
Decided on May 17,2012

YUNUS Appellant
VERSUS
Asstt. Commissioner (Food) Respondents

JUDGEMENT

SUDHIR AGARWAL, J. - (1.) HEARD Sri P.C.Srivastava, learned counsel for the petitioner, Sri P.S.Chauhan, Advocate and learned Standing Counsel for the respondents.
(2.) WRIT petition is directed against order dated 17.8.2010 passed by Deputy Collector, Budhana, Muzaffarnagar cancelling fair price shop agreement of the petitioner and the appellate order dated 17.1.2011 rejecting his appeal. Learned counsel for the petitioner submitted that earlier without holding any enquiry and without giving any opportunity, Gram Sabha passed an order cancelling fair price shop agreement of the petitioner which was challenged in appeal. The appeal was allowed by order dated 17.5.2010 and the matter was remanded to the Deputy Collector to give appropriate opportunity to the parties and thereafter pass fresh order. Pursuant thereto, enquiry was conducted and thereafter petitioner's shop was suspended on 14.7.2010. A charge sheet was issued to the petitioner on 26.7.2010 which was replied by him on 11.8.2010 and thereafter the impugned order dated 17.8.2010 was passed. Learned counsel for the petitioner submitted that no evidence was recorded by the Deputy Collector before passing the impugned order.
(3.) HOWEVER , I find that Deputy Collector has recorded various findings duly supported by the documents available before him which has not been shown to be perverse or contrary to record. In respect to overwriting and cuttings in the record on page 24 of paper book, the Deputy Collector has said : ...[VERNACULAR TEXT OMMITED]... ;


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