Heard learned counsel for the petitioner and learned Standing counsel appearing on behalf of the respondents.
Learned counsel for the petitioner, after arguing at some length, confines his prayer that the respondent no.2, i.e. Deputy Commissioner (Food) Devi Patan, Division Gonda, be directed to decide the appeal No.C-201800000000030 (Kamlesh Kumar Nevatiya Vs. State of U.P. & others), under Section 13(3) of Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 within specified time.
Learned Standing Counsel has no objection to the aforesaid prayer.
Considering the fact that the aforesaid appeal is pending consideration before the respondent no.2, the present petition is disposed of with a direction to respondent no.2 to decide the appeal of petitioner within a period of three months from the date of production of a certified copy of this order before him in accordance with law. It is also provided that the petitioner shall not seek any adjournment before the court concerned failing which the benefit of this order shall not be available to them. Learned counsel for the petitioner undertakes that if lawyers are abstaining from work even then the petitioner shall put in appearance and argue the case failing which benefit of this order will not be available to the petitioner. During the strike period if the petitioner or his Advocate does not appear and argue the case, the strike period would be excluded from the aforesaid period.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 11.2.2021 Anand Sri./-