ASHKAR Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) In the present case, order impugned is dated 30.9.2009 passed by the Commissioner (Food), Moradabad Region, Moradabad in Appeal No. 18.7.2008. Brief background of the case is that petitioner was accorded fair price shop licence. Proceedings for cancellation had been undertaken against Maharuf. Licensing authority on 7.6.2007 proceeded to pass order directing cancellation of fair price shop licence. Against the same, appeal had been preferred and said appeal had been allowed on 30.9.2009 and consequential order has been passed. At this juncture present writ petition has been filed.

(2.) Sri Awadh Sharma, Advocate, learned Counsel for the petitioner contended with vehemence that once order of cancellation had been set aside on the ground of violation of natural justice, then in such contingency on such plea being accepted the matter ought to have been remitted back instead of allowing the appeal straight way and as such writ petition deserves to be allowed.

(3.) Countering the said submission, learned Standing Counsel and Sri Nasirujjaman, Advocate on the other hand contended that rightful view has been taken in the matter, as such no interference be made.