Court No. - 33
Case :- WRIT - C No. - 19878 of 2019 Petitioner :- Madan Mohan @ Vickky And 2 Others Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Gunjan Sharma,Namit Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
The grievance of the petitioners is that the respondents 5 to 13 are utilizing the cold-stored potatoes of petitioners for their own business interest and are holding out that potatoes deposited by the petitioners have decayed.
The prayer in this petition is that Licensing Authority be directed to take action against the respondents 5 to 13.
Learned Standing Counsel, who represents 1 to 4, submitted that the U.P. Regulation of Cold Storage Act, 1976 is a complete code in respect of securing the rights of cold storage users and provisions are there to seek compensation and make complaints.
From a perusal of the provisions of the Act, 1976 it appears that the Licensing Officer has power to address such grievances. The Licensing Officer is Director of Horticulture and Fruit Utilization, Uttar Pradesh.
In view of the above, this petition is disposed off by giving liberty to the petitioners to ventilate their grievances before the Licensing Officer/Director of Horticulture and Fruit Utilization, Uttar Pradesh. If any such representation is filed along with the necessary documents to show their locus to maintain complaint against the concerned respondents, the Licensing Officer shall call for explanation from the respondents 5 to 13 and, after giving opportunity of hearing to the parties, shall proceed to pass appropriate order in accordance with law, preferably, within next two months.
Order Date :- 6.6.2019 AKShukla/-