Court No. - 26
Case :- WRIT - C No. - 11259 of 2018 Petitioner :- Chulhai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyawan Shahi Counsel for Respondent :- C.S.C., Dharam Deo Chauhan
Hon'ble Mrs. Sangeeta Chandra,J.
1. This writ petition has been filed by the petitioner challenging the order dated 04.01.2018 passed by the Commissioner, Basti Division, Basti in Appeal No. C-20171700709 filed by the petitioner against the order dated 16.10.2017 cancelling the fair price shop licence of the petitioner.
2. It has been submitted by the learned counsel for petitioner that the Appellate Authority without application of mind passes routine orders rejecting Stay Applications and several orders have been filed as Annexures to the writ petition where same words have been used by the Appellate Authority for rejecting the Stay Application of various appellants in their respective Appeals.
3. I have gone through the order impugned. I find the matter covered by the observations made by this Court in its judgment and order dated 24.01.2018 in Writ - C No. 3311 of 2018: Rama versus State of U.P. and others.
4. Accordingly, the order dated 04.01.2018 is set aside. The matter is remanded to the Appellate Authority i.e. Commissioner, Basti Division, Basti to consider the Stay Application afresh and pass appropriate orders thereon in accordance with law within a period of four weeks from the date a certified copy of this order is produced before him.
5. The writ petition is allowed to this extent.
Order Date :- 28.3.2018 LBY