Court No. - 10
Case :- WRIT - C No. - 38914 of 2019 Petitioner :- Iqbal Ahmad Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents.
At the very outset, learned counsel for the petitioner submits that he may be permitted to implead the Commissioner of the concerned division/ appellate authority as respondent no.5.
Prayer aforesaid is allowed. He may do so during the course of the day.
Present petition has been filed with following prayers:-
a. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 14.9.2018 passed by the District Supply Officer, Meerut (Annexure No.1 to the writ petition).
b. Issue a writ, order or direction in the nature of mandamus commanding the respondent authority to decide the appeal of the petitioner within one month.
c. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
d. award the cost of the petition to the petitioner.
From perusal of the Annexure No.5 to the petition, it is not clear as to whether the appeal was filed within time or not. However, all such facts can be looked into by the Commissioner and if there is delay, the delay condonation application is also liable to be considered on its own merits.
Accordingly, present petition stands disposed of with a direction to the newly impleaded respondent no.5- Commissioner Meerut Region, Meerut to decide the appeal including the delay condonation application, if any, in accordance with law, preferably within a period of two months from the date of production of certified copy of this order.
With this observation, petition stands disposed of.
Order Date :- 28.11.2019/Aditya