IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1685 of 2006 (M/S) M/s Kishan Chand (A Fair Price Shop) ……Petitioner. Versus State and others. …….Respondents. Mr. Ramji Srivastava, Advocate for petitioner. Mr. N.P. Sah, Standing Counsel for the State. Dated:-29-12-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the parties. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 02.11.2006 (Annexure no. 2 to the writ petition), whereby petitioner’s fair price shop was attached temporarily to another fair price shop dealer i.e. M/s Brijmohan and order dated 03.11.2006 (Annexure No. 4), passed by respondent No. 3, whereby again the petitioner’s fair price shop was transferred to another fair price shop dealer-M/s Razak Ahmad. According to the petitioner when a surprise inspection was made by the District Supply Officer (respondent No. 3), on 02.11.2006, he found that on the notice board price of kerosene oil was mentioned as Rs. 9.55 per litre instead of Rs. 9.75 per litre and on this sole ground the respondent No. 3 attached the fair price shop of the petitioner to another fair price shop dealer i.e.- M/s Razzaq Ahmad. 2 A counter affidavit has been filed on behalf of respondent No. 3, wherein show cause notice dated 10.11.2006, has been annexed as annexure no. 3 to the counter affidavit. On perusal of the show cause notice it reveals that the same was issued after the impugned order was passed. Therefore, the petitioner has a liberty to reply the show cause notice. Prima facie this Court finds that the impugned order be kept in abeyance during the pendency of the enquiry against the petitioner. Having heard learned counsel for the parties, the writ petition is disposed of finally giving liberty to the petitioner to file reply to the show cause notice within a period of two weeks from today, if not already filed. Till the decision is taken in enquiry against the petitioner to present show cause notice, the impugned orders shall be kept in abeyance. (B.S.Verma, J.) 29-12-2010 S 3