Allahabad High Court
Mahesh Dutt Shukla vs State Of U.P. Thru. Prin. Secy. Food ... on 12 September, 2019
Author: Irshad Ali
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- MISC. SINGLE No. - 24885 of 2019 Petitioner :- Mahesh Dutt Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Food Lucknow & Ors. Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for respondent nos.1 to 3.
Grievance of the petitioner is that he is quota-holder of the fair-price shop. The quota of the petitioner was cancelled by the District Supply Officer vide order dated 1.2.2019 on certain grounds. Feeling aggrieved, the petitioner filed an appeal under Clause 13(3) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 before the Commissioner along with application for grant of the interim order during pendency of the appeal. Vide order dated 9.7.2019, the application for grant of interim order has been rejected which has been assailed in the present writ petition.
Learned counsel for the petitioner, after making submissions at length, has confined his submissions only to the extent that in case a direction is issued for deciding the appeal in a time bound manner, justice would be met.
Learned Additional Chief Standing Counsel submits that under the provisions of Clause 13(3) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, it has been prescribed that an appeal shall be decided within sixty days from the date of its filing. The Commissioner will take all endeavours to pass an order in exercise of appellate power provided under the aforesaid Control Order, 2016 and shall pass appropriate, reasoned and speaking order within a reasonable period.
Having heard the rival submissions of learned counsel for the parties, I have perused the material on record.
On perusal of the provisions contained under Clause 13 (3) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, it is evident on the face of it that the Appellate Authority should take endeavour to decide the appeal in a time bound manner within sixty days. The petitioner filed the appeal along with the application for the grant of interim order on 16.4.2019 and more than sixty days' period has expired, but the appeal has not be decided, till date.
Taking into consideration the provisions referred hereinabove, this Court is of the opinion that no useful purpose will be served in keeping this petition pending.
Accordingly, this writ petition is finally disposed of with a direction to respondent no.2 i.e. Joint Commissioner (Food), Lucknow Mandal, Lucknow to consider the grievance of the petitioner and grounds taken in appeal and pass appropriate, reasoned and speaking order in accordance with law within a period of two months from the date of production of a certified copy of this order.
Order Date :- 12.9.2019 GK Sinha