LALITA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as Sri Vivek Srivastava, learned counsel for the respondent no. 5 and learned Standing Counsel on behalf of respondent nos. 1 to 4.

(2.) THE petitioner is a licence holder of a fair price shop of Village Tulsipur Majha, Block Nawabganj, Tehsil Tarabganj, District Gonda. Certain complaints were made against the petitioner regarding the distribution of food -grains, the petitioner's licence was suspended and subsequently his licence was cancelled by order dated 11.6.2012 by the Sub Divisional Magistrate. Aggrieved by the aforementioned order the petitioner preferred an Appeal No. 253 (Smt. Lalita vs. State) under 28(3) of the Essential Commodities Order, 2004 before Commissioner, Devi Patan Division Gonda.

(3.) THE said appeal has been dismissed on merits, the petitioner has approached this Court seeking a writ of certiorari quashing the orders dated 20.4.2013 as well as 11.6.2012 passed by the Commissioner as well as Sub Divisional Magistrate respectively. The sole contention raised by the learned counsel for the petitioner is that the petitioner was not given an opportunity either by the Sub Divisional Magistrate and the petitioner's counsel did not appear on 15.4.2013 fixed in the appeal, as the petitioner's counsel was out of station and the petitioner's counsel made an application on 15.4.2013 itself for adjournment of the case, however, the case was not adjourned hence prejudice has been caused to the petitioner by deciding the appeal ex -parte.