Allahabad High Court
Mahendra Pal vs State Of U.P. Thru. Prin. Secy. Food And ... on 24 June, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- WRIT - C No. - 3962 of 2022 Petitioner :- Mahendra Pal Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko. And 2 Others Counsel for Petitioner :- Harendra Singh Counsel for Respondent :- C.S.C. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State, and perused the record.
Instant writ petition has been filed by the petitioner seeking following reliefs:-
"i) A writ order or direction in the nature of CERTIORARI thereby quashing the part of order dated 13.01.2022 passed by the opp. party No.2 in appeal bearing appeal No. D-006/2022 (Mahendra Pal versus State of U.P. & others) U/S 13(3) of the Essential Commodities (Regulation of Sale and Distribution Control) order, 2016 so far as it relates only to non granting the interim order contained as Annexure No.1 to this writ petition.
ii) A writ, order or direction in the nature of MANDAMUS be issued commanding the opposite parties not to implement the order dated 04.12.2021 passed by the Opp. Party No. 3 contained as Annexure No.2.
iii) A writ, order or direction in the nature of MANDAMUS be issued commanding the opposite party No.3 to permit the petitioner to runs the fair price shop of Dhampur, Vikas khand Pihani, Tahsil Shahabad, District Hardoi during pendency of the appeal.
iv) Any other order or direction in which this Hon'ble court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner.
v) Allow the writ petition with cost in favour of the petitioner."
Learned counsel for the petitioner submits that Fair Price Shop licence of the petitioner has been cancelled by the Sub Divisional Officer and the same has been challenged by the petitioner before the appellate authority which is pending consideration. He further submits that interest of justice would be subserved if this Court pleases to direct the appellate authority to decide the aforesaid appeal of the petitioner within stipulated period of time as may be fixed by this Court.
Learned counsel for the State submits that he has no objection if the said order is passed by this Court.
Considering the rival submissions and facts of the case, the writ petition is disposed off with the direction to the appellate authority to decide the aforesaid appeal of the petitioner within a period of two months from the date of the production of certified copy of this order.
It is made clear that this Court has not gone into the merits of the case and the appellate authority has to decide the appeal of the petitioner strictly in accordance with law.
Order Date :- 24.6.2022 Ram Murti