SITA Vs. STATE OF U P

JUDGEMENT

(1.) LEARNED standing counsel has accepted notice for respondent Nos. 1 to 3. Both the learned counsel agreed that this writ petitioner may be decided finally at this stage.

(2.) THE facts giving rise to this writ petition are that the petitioner was allotted fair price shop in the year 1990. On complaint, the quota with regard to the fair price shop was attached by respondent No. 3, Deputy Collector, Maharajganj with the shop of respondent No. 6 vide order dated 26.9.1995. Aggrieved by this order, the petitioner filed appeal before the Commissioner, Gorakhpur Division, Gorakhpur. THE appeal has been dismissed by order dated 28.11.1995, aggrieved by which this petition has been filed.

(3.) FOR the reasons stated above, this petition is allowed. Orders dated 26.9.1995, passed by respondent No. 3 and order dated 28.11.1995, passed by respondent No. 2 are quashed. Respondent No. 3 shall pass a fresh order after giving opportunity of hearing to the petitioner within a period of three months from the date a copy of this order is filed before him. A certified copy of this order may be given to the learned counsel for the petitioner on payment of usual charges within three days.