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Gopi vs State Of U.P. And Ors. on 15 May, 2007

4. We have examined the submissions made by the learned Counsel for the petitioner. The judgment in Suresh Kumar Gupta (supra) has been delivered against the order of cancellation of the licence of fair price shop, granted under the provisions of Essential Commodities Distribution Order, 1990 (hereinafter called the Distribution Order, 1990). In the said case no specific period had been prescribed in the show cause notice for submitting the reply. Order of cancellation in such a fact-situation, was held to have been passed in violation of principles of natural justice. Therefore, the facts of the said case were completely distinguishable, and thus the ratio of the said judgment has no application in the facts of the present case.
Allahabad High Court Cites 48 - Cited by 0 - B S Chauhan - Full Document

Hari Das Singh vs Commissioner Agra Division And Ors. on 12 May, 2000

15. Mr. Verma had relied on the decision in the case of Suresh Kumar Gupta (1999 UP Cri R 673) (supra) wherein such an order was quashed in the ground that the petitioner was not given an opportunity. In the said case, notice to show cause did not specified time within, which reply was to be submitted and that the licence was cancelled without considering any reply. The facts of the said case is distinguishable. Inasmuch as in the present case, the petitioner was asked to submit his reply within 30th September, 1997. The petitioner had submitted his reply on 30th September, 1997 which was taken into consideration while passing the order of cancellation. As such the decision in the said case does not help us for the present preposition.
Allahabad High Court Cites 6 - Cited by 2 - D K Seth - Full Document
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