LAWS(ALL)-2008-1-136

ASHFAQ Vs. STATE OF U P

Decided On January 28, 2008
ASHFAQ Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard learned Counsel for the petitioner and learned Standing Counsel for the State respondents.

(2.) THE petitioner is a 'b. P. L. ' card holder of village Sirsiyan Khurd, Block Nibua Naurangia, District Kushi Nagar. He is aggrieved by an order dated 1. 10. 2007, passed by the Commissioner (Food & Supplies), Gorakhpur Division, Gorakhpur, allowing the Appeal No. 23/k-2000 under the U. P. Scheduled Commodities (Distribution) Order, 2004, against the order of suspension of the authorisation of Mohd. Safi, the agent for distribution of scheduled commodities at Centre-Sirsa on the ground that his explanation was not properly considered.

(3.) CJAUSE 28 provides for appeals. All the appeals under sub-clause (i) shall lie before the concerned Divisional Commissioner, who may delegate the powers to Assistant Commissioner of Food. Under clause-2 any person aggrieved by an order of the food officer or the designated authority refusing to issue or renewal of a ration card or cancellation of ration card, may appeal before the appellate au thority within 30 days. An agent, aggrieved by an order of the competent authority suspending or cancelling agreement of the fair price shop under sub-clause (iii), may appeal to the appellate authority within 30 days from the date of receipt of the order.