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2019 DIGILAW 1751 (ALL)

Pushkar Narain Shyam Babu v. State of U. P.

2019-07-22

SAURABH SHYAM SHAMSHERY, SHASHI KANT GUPTA

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JUDGMENT : Shashi Kant Gupta, Saurabh Shyam Shamshery, JJ. 1. Heard learned counsel for the petitioner and learned standing counsel. 2. This petition has been filed for the following reliefs: "(i) issue a suitable writ, order or direction in the nature of certiorari quashing the order dated 1.7.2019 passed by the District Supply Officer to the extent of suspension pending inquiry." 3. From perusal of the record, it transpires that the present writ petition has been filed challenging the order dated 1.7.2019 whereby the petitioner's licence for distribution of kerosene oil has been suspended by the respondent No. 3, District Supply Officer pending inquiry. The record further reveals that the petitioners received the said notice dated 1.7.2019 on 8.7.2019 and thereafter the petitioners approached the District Supply Officer seeking 30 days' further time for giving proper reply to the said notice dated 1.7.2019. There is nothing on record to show that the petitioners have filed any reply to the said notice dated 1.7.2019 although learned counsel for the petitioners, on a query being made to this effect, has submitted that reply to the said notice has already been made on 17.7.2019 and, astonishingly, the present writ petition was also filed on~ the same date i.e. 17.7.2019. It appears that just after filing reply to the said notice, without waiting for the order to be passed by the authority concerned, the present writ petition has been filed by the petitioner. 4. Admittedly, the petitioners have received notice on 8.7.2019 and they could have replied promptly but such reply was not filed by them immediately after receipt of the said notice. Moreover, there is no documentary evidence on record to show that any reply has been filed by the petitioners to the said notice. Only an oral statement has been made by the learned counsel for the petitioner that reply has been filed on 17.7.2019. 5. In view of the above, we do not see any justification to interfere in the matter. 6. However, we direct the concerned authority to pass appropriate order, if any reply has been filed by the petitioners to the said notice dated 1.7.2019 expeditiously. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the said authority has to take decision on its own merits. 8. With the above observations the writ petition stands disposed of.