High CourtsSingle Bench(2021) 07 MP CK 0150

Marketing Society Mungawali, District Ashoknagar vs State Of M.P. & Ors

Madhya Pradesh High Court · Decided on 20 July 2021

HON’BLE JUDGES
G.S. Ahluwalia, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 12513 Of 2021

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Judgment

13 paragraphs · 240 words

G.S. Ahluwalia, J

This petition under Article 226 of the Constitution of India has been filed against the order dated 29.6.2021 passed by Sub Divisional Officer

(Revenue), Mungawali, District Ashoknagar by which the license to run the fair price shop Hureri-Badholi, Mungawali, District Ashoknagar has been

suspended.

It is submitted by the counsel for the petitioner that after the suspension of the license of the fair price shop, the respondents should have issued a

notice within a period of 10 days to show cause as to why the license should not be cancelled. Since the said show cause notice has not been issued,

therefore, on 13.7.2021 the petitioner has sent a representation by registered post, however, the same has not been decided.

During course of arguments, it was fairly conceded by the counsel for the petitioner that the present petition has been filed on 15.7.2021 i.e. without

waiting the service of representation dated 13.7.2021. Further, in the light of provisions of Section 27 of General Clauses Act, 30 days have not

expired from the date of sending the documents by registered mode, therefore, it cannot be presumed that the respondents must have been served.

Further, the petitioner has fairly conceded that the order dated 29.6.2021 is an appealable order. Accordingly, he seeks permission of this Court to

withdraw this petition with liberty to assail the impugned order before the appropriate authority.

With aforesaid liberty, the petition is dismissed as withdrawn.