RAJ KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner is a fair price shop dealer. An FIR had been lodged under Sections 3/7 of the Essential Commodities Act on 1.9.2009 against the Petitioner whereby her fair price shop dealership was placed under suspension on 3.9.2009. On 10.8.2010, the dealership of the Petitioner has been cancelled by the Sub-Divisional Officer on the ground of lodging of FIR under Sections 3/7 of the Essential Commodities Act against the Petitioner. It has been stated in the said order that since the shop of the Petitioner is continuing under suspension for about a year and the card holders attached to the shop of the Petitioner are facing difficulty, the dealership is being cancelled. The same ground has been reiterated in the order dated 20.12.2010 for cancelling the dealership of the Petitioner. Challenging the said orders dated 10.8.2010 and 20.12.2010, this writ petition has been filed.

(2.) We have heard Sri Ajay Shankar Pathak, learned Counsel for the Petitioner as well as learned Standing Counsel appearing for the Respondents and have perused the record.

(3.) Earlier on 13.1.2011 time was granted to the learned Standing Counsel to file counter-affidavit and the matter was adjourned for 17.2.2011. However, no counter-affidavit was filed and the matter was again adjourned to 1.3.2011 and it was made clear that no further time would be granted to file counter-affidavit. Till date no counter has been filed and today again a request has been made on behalf of the Respondents for adjournment, which is refused. We thus proceed to dispose of this writ petition on the averments as they now stand.