RAM SWAROOP Vs. STATE OF U.P. AND 2 OTHERS
LAWS(ALL)-2017-11-468
HIGH COURT OF ALLAHABAD
Decided on November 20,2017

RAM SWAROOP Appellant
VERSUS
State of U.P. and 2 Others Respondents

JUDGEMENT

SIDDHARTHA VARMA, J. - (1.) Supplementary affidavit filed today is taken on record.
(2.) After the petitioner's fair price shop was cancelled on 2.8.2011, the appeal which was filed was also dismissed on 12.7.2012. Thereafter, the petitioner filed a writ petition being writ petition no. 44883 of 2012 which was decided on 25.8.2014. The order dated 25.8.2014 is being reproduced here as under:- "Once the petitioner has failed to give any explanation as regards his conduct, the ground of opportunity as demonstrated by the learned counsel for the petitioner is clearly unfounded and baseless. On a baseless premise, the petitioner further chose to contest the proceedings of appeal before the appellate authority. The appellate authority has recorded a finding of fact as to the failure on the part of the petitioner to avail the opportunity. Such a finding of fact cannot be over ruled in exercise of power under Article 226 of the Constitution of India. The petitioner has an opportunity to face the criminal proceedings and establish his innocence and in case, the petitioner succeeds to prove himself innocent in the criminal proceedings, he may claim advantage of acquittal at an appropriate stage by making an application to the concerned authorities. The writ petition fails and is hereby dismissed."
(3.) Thereafter, the F.I.R. which was lodged against the petitioner on 1.6.2011 was investigated into and a final report was submitted on 16.3.2015. Making use of the observation made in the order of this Court dated 25.8.2014, the petitioner moved an application before the respondent no. 2 for the restoration of his licence to run the fair price shop. When that was not being done he filed another writ petition being Writ Petition No. 61251 of 2015. This Court on 5.11.2015 dismissed the writ petition. When the representation was not being considered then the petitioner again filed another writ petition being Writ Petition No. 59675 of 2016 in which on 19.12.2016 the respondent no. 2 was directed to decide the representation of the petitioner in accordance with law.;


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