Heard learned counsel for the petitioner and learned Standing Counsel.
Fair Price Shop of the petitioner was cancelled. Aggrieved by the aforesaid order, petitioner filed an appeal that too beyond the period of limitation. By order dated 17.05.2010, the appellate authority has condoned the delay and admitted the appeal, but has observed that regarding consideration of application for interim relief, it will be heard on 7th July 2010. Petitioner aggrieved by the aforesaid order has approached this Court. In my opinion, on the day when the appeal was filed as it was beyond time, therefore, the appellate authority has condoned the delay on the pleading of the petitioner and fixed another date for consideration of interim application so it cannot be held that appellate authority has committed any illegality while passing such order. It clearly appears from the observations that records of the case was not before the appellate authority, therefore, in such circumstances, 7th July 2010 has been fixed to consider the application.
In such circumstances, this writ petition is being disposed of finally with a clear indication that the appellate authority may consider the stay application filed by the petitioner on the date fixed.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 29.6.2010 NS