HIGH COURT OF UTTARAKHAND AT NAINITAL WPMS No. 759 of 2007 Shri Pooran Singh …. Petitioner Versus State of Uttarakhand and others …. Respondents Mr. V.K. Kohli, learned Senior Advocate along with Mr. T.C. Pandey, Advocate for the petitioner. Mr. K.P. Upadhyay, learned Additional Chief Standing Counsel for the State of Uttarakhand. 25th February, 2009 Hon’ble Sudhanshu Dhulia, J. Heard learned counsel for the parties. The matter pertains to a fair price shop of the petitioner for which orders have been passed from time to time by which the card holders pertaining to the fair price shop of the petitioner have been attached to the fair price shop of one M/s Rafat Hussain of village Bhuddi. The petitioner is aggrieved by these orders and had filed the present writ petition. There is an interim order in favour of the petitioner and by means of the interim order, the petitioner is still running a fair price shop. The learned Additional Chief Standing Counsel has drawn attention of this Court to the order of the District Magistrate, Dehradun dated 25.6.2007 in which the District Magistrate has passed an order stating that there are certain complaints regarding the shop of the petitioner regarding which an enquiry has to be done. The learned Additional Chief Standing Counsel states that due to interim order passed by this Court, the State authority has not been able to proceed with the enquiry in the matter. In the interest of justice and after doing with relative claim of the petitioner as well as of the State authority and the 2 public interest involved in the matter, the District Magistrate, Dehradun is directed to conduct an enquiry in this case either by himself or by an officer immediately subordinate to him regarding the allegations made against the petitioner, after giving an opportunity of hearing to the petitioner and all the parties concerned. The petitioner and all the parties concerned shall cooperate in this enquiry and will not cause any hindrance which may delay the enquiry. The District Magistrate shall take a decision in the matter at his own level within a period of three months from today. The learned Additional Chief Standing Counsel gives undertaking to this Court that he will personally apprise the District Magistrate, Dehradun to the Court’s order. The District Magistrate after the enquiry will pass an appropriate order either terminating the fair price shop licence of the petitioner or allowing the petitioner to run the fair price shop without any further hindrance. It goes without saying that the order of the District Magistrate shall depend upon the findings of enquiry. It has also been stated at bar that after the interim order of this Court dated 4.7.2007, the petitioner continues to run the fair price shop. The petitioner shall continue to run fair price shop till a decision is taken in this matter by the District Magistrate as per the direction referred above. With these observations, writ petition is disposed of. (Sudhanshu Dhulia, J.) 25.2.2009 Avneet 3 4 5 6