Court No. - 10
Case :- WRIT - C No. - 38656 of 2018 Petitioner :- Ajay Kumar Kesarwani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Dalveer, learned Standing Counsel for the State respondents.
Petitioner is before this Court with the request to command the second respondent to decide the matter in pursuance of order dated 02.01.2018 passed by fourth respondent. Further prayer has been made to command the respondents to permit for supply and distribution of the Fair Price Shop to the petitioner.
Record in question reflects that petitioner is a licensee of fair price shop. The shop in question was placed under suspension vide order dated 26.10.2017 passed under Section 3/7 E.C. Act. The said order has been assailed by filing appeal and finally the Appellate Authority has relegated the matter back to the Upper Additional District Magistrate (Supply), District Allahabad vide order dated 02.01.2018 for revisiting the same.
In this backdrop, learned counsel for the petitioner submits that order passed by the Appellate Authority has not been complied with till today and the matter is seized by the Upper Additional District Magistrate (Supply), District Allahabad and as such, the petitioner is before this Court with the aforesaid prayer.
Learned Standing Counsel very fairly submits that in case any such proceeding is still pending, the same shall be considered and decided by the Authority concerned expeditiously.
In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending. The writ petition, on consent, is disposed of asking the Upper Additional District Magistrate (Supply), District Allahabad to ensure compliance of order dated 02.01.2018 and pass appropriate order expeditiously, preferably within a period of three months from the date of production of certified copy of this order Order Date :- 27.11.2018 A. Pandey