Allahabad High Court
Santosh Kuamr Sonkar vs The State Of U.P. Thru. Secy. Food & Civil ... on 11 July, 2019
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- MISC. SINGLE No. - 18962 of 2019 Petitioner :- Santosh Kuamr Sonkar Respondent :- The State Of U.P. Thru. Secy. Food & Civil Supply & Anr. Counsel for Petitioner :- Saurabh Srivastava,Km.Pratibha Vaish Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
Heard.
By means of the present petition, the petitioner has prayed for expeditious disposal of the Appeal No.D-066/2019 filed under Section 13(3) of the U.P. Essential Commodities Order pending with respondent no.2.
Learned counsel for the petitioner contends that aggrieved against the cancellation of his fair price shop license on 02.03.2019, the petitioner had preferred an appeal bearing no.D-066/2019 under the provisions of Section 13 of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, before the respondent no.2. It is contended that Clause 13(3) of Order 2016 provides that the Appellate Authority shall, as far as practicable, dispose of the appeal within 60 days. It is contended that despite lapse of more than 60 days, the said appeal has not been decided and hence the present petition.
As the appeal filed by the petitioner is still engaging the attention of respondent no.2 under the provisions of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 as such the present petition is disposed of with a direction to respondent no.2 to decide the pending appeal of the petitioner within 30 days from the date of receipt of a certified copy of this order after affording due opportunity of hearing to the parties concerned provided there is no legal impediment. The stipulation of 30 days is given by this Court taking into consideration that respondent no.2 was required to decide the pending appeal within 60 days from the date of its filing and a period of almost four months have lapsed since then.
It is made clear that this Court has not gone into the merits of the case.
Order Date :- 11.7.2019 A. Katiyar