M/S H.K. CONSUMER COOPERATIVE SOCIETY LTD. Vs. STATE OF U.P. AND 3 OTHERS
LAWS(ALL)-2016-12-26
HIGH COURT OF ALLAHABAD
Decided on December 20,2016

M/S H.K. Consumer Cooperative Society Ltd. Appellant
VERSUS
State of U.P. and 3 Others Respondents

JUDGEMENT

- (1.) The petitioner was earlier fair price shop dealer of Kidwai Nagar, Kanpur Nagar. By order dated 10.10.2010, his agreement of dealership of said fair price shop was cancelled. Thereafter, he filed memorandum of appeal after about five years in year 2015 before the respondent no.-4, that was heard and dismissed on the ground of appeal being time barred approximately by five years and for which no satisfactory explanation was submitted. Said order dated 20.6.2016 of dismissal of said appeal has been challenged through present writ petition.
(2.) Learned counsel for the petitioner cited Naya Bans Saraswati Sahkari Gram Nirman Samiti Ltd., Ghaziabad Vs. State of U.P. And others, 2016 (5) AWC 4878, and pointed out that the paragraph 10 of this judgment passed by Single Bench of this Court. His further submission was that delay in filing appeal was caused because against the order of cancellation, petitioner had filed any civil suit, after dismissal of which he had preferred review application, that was dismissed in year 2013. After it, when legal opinion was given to him, he filed appeal in year 2015. His submissions was that the petitioner has no knowledge of legal provisions and had acted in accordance with legal opinion given to him by his lawyers. His explanation should have been treated as satisfactory by lower appellate court, who had not considered it properly and passed impugned order dated 20.6.2016, which should be quashed.
(3.) These submissions, as submitted by learned counsel for the petitioner, are after perusal, found unacceptable. The petitioner is expected to know the law and the ignorance of law cannot be accepted as satisfactory explanation.;


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