Show Cause Notice I 500 Words @ 90 WPM I Shorthand Dictations transcriptions

Show Cause Notice I 500 Words @ 90 WPM I Shorthand Dictations transcriptions

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The factual background in which the aforementioned issues have been raised are that petitioner of present writ petition was appointed as a fair price shop dealer in the 20 year 1993. Petitioner's son Raj Bahadur was elected as Pradhan in the year 2010. A show cause notice dated 5th November, 2012 was 60 issued to the petitioner to show cause as to" why the shop be not cancelled, since, he is running the shop, living in the joint family, and his son has been elected as Pradhan. Petitioner submitted reply to the show cause notice dated 31.1.2013 and same was followed by the order dated 3rd April, 2013 by by which petitioner's fair price shop agreement has been cancelled.

Petitioner at this juncture has 120 approached this Court questioning the validity of the decision so taken cancelling his fair price shop agreement on 3rd April, 2013 ** and his submission has been to the effect that petitioner's son is living separately and cannot be treated to be a member of family and, accordingly, ground on the basis of which petitioner's fair price shop has been cancelled is 10 unsustainable. Petitioner's submission has been to the effect that the definition of family as given in Government Order dated 3rd July, 1990 and as has been interpreted in Ram Murat's case (supra) does not take into consideration Clause 2 (o) and further Clauses 30220 and 31 of U.P. Scheduled Commodities Distribution Order, 2004, in its correct reference and correct perspective and, in view of this, the definition of family contained in Government Order dated 3rd July, 1990 has to be accepted as superseded and effected 260 after the enforcement of U.P. Scheduled Commodities Distribution Order, 2004. The Division Bench of this Court...stb. noticed the arguments raised from the side p of petitioner and proceeded to refer the matter in the direction of getting authoritative pronouncement.

Shri Ajay Bhanot, learned counsel for the petitioner, opened his arguments by Staf contending that the Division Bench's judgment in the case of 30 Ram Murat (supra) by accepting the definition of the word 'family' as given in Government Order dated 3 ·K... 3rd July, 1990 paragraph 4.7340 has not at all laid down the correct law after enforcement of U.P. Scheduled Commodities Distribution Order, 2004 wherein a different concept and a different definition has been introduced in the shape of "house hold" which is synonyms f bo to "family" and in such a situation definition of family as mentioned in Government Order dated 3rd July, 1990 has to be accepted and, accordingly, by placing reliance on the definition of family as given in paragraph 4.7.1990. of Government Order dated 3rd July, 1990, such a punitive action could not have been he taken, as has been done in the present case and the issue in question ought to have been dealt with on the parameters of the definition of "household" as is provided under Clause 2 (0) of In U.P. Scheduled 460 Commodities Distribution Order,2004, as same has the overriding effect over the definition of family given in paragraph 4.7 480 of the Government Order dated 3rd July

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