MITHLESH KUMARI Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2016-4-215
HIGH COURT OF ALLAHABAD
Decided on April 27,2016

MITHLESH KUMARI Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

VIJAI SINGH, J. - (1.) Heard Sri Jyotish Awasthi, learned counsel for the petitioner and the learned Standing Counsel appearing for the State -respondents.
(2.) Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 22.11.2012 passed by the Sub Divisional Officer, Bharthana and the order dated 17.8.2013 passed by the Commissioner, Kanpur Division, Kanpur in Appeal No. 269 of 2013 (Mithlesh Kumari vs. State of U.P. and others). Vide order dated 22.11.2012 the petitioner's agreement to run fair price shop has been cancelled whereas by the subsequent order dated 17.8.2013 the petitioner's appeal filed against the cancellation order dated 22.11.2012 has been dismissed.
(3.) The facts of the case, in brief, are that while working as fair price shop agent of village Nagla Jind (Gram Sabha Shekhpur) Block Takha District Etawah agreement of the petitioner to run the fair price shop was suspended on 17.10.2012 on account of shortage of stock, non production of distribution register for the months of August and September, 2012, incomplete description on the rate board, availability of uncertified litre and non distribution of the schedule commodities to the various card holders. An enquiry was made after receipt of various complaints on affidavit of the card holders. After placing the agreement under suspension the petitioner was required to file reply with respect to the irregularities pointed out in the suspension order within a period of one week but the petitioner did not file any reply within the aforesaid period. However, he filed an application for grant of further time on account of her illness. Taking note of the petitioner's application fifteen days more time was granted even then no reply was filed. Consequently, the petitioner's agreement was cancelled vide order dated 22.11.2012.;


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