Court No. - 10
Case :- WRIT - C No. - 6304 of 2019 Petitioner :- Mahendra Prasad Respondent :- State Of U.P. And 2 Ohters Counsel for Petitioner :- Deshraj Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State- respondent.
Petitioner is before this Court asking the third respondent to restore the fair price shop license of the petitioner in compliance of the order dated 24.7.2018 passed by Deputy Commissioner Food, Azamgarh Division, Azamgarh.
Record in question reflects that the appeal No. 259/M of 2013 preferred by the petitioner against the cancellation order dated 31.1.2013 passed by Sub Divisional Magistrate, Ghosi, District Mau was partly allowed by the appellate authority vide its order dated 24.7.2018 remitting back the matter to the licensing authority to take a final call within four weeks after giving an opportunity to the petitioner.
In this backdrop, learned counsel for the petitioner states that even though the order has been passed on 24.7.2018 but till date no action has been taken by the Authority concerned and such inaction has impelled the petitioner to approach this Court.
In the facts and circumstances, without adverting on merits of the case, the writ petition stands disposed of finally asking the petitioner to submit a proper response along with documentary evidence within ten days from today before the Authority concerned in compliance of the order dated 24.7.2018, on which, the Authority concerned would proceed strictly in accordance with law and take a final call in the matter expeditiously and preferably within a month's time in the light of Government Order dated 29.7.2004 and Full Bench judgement of this Court in Puran Singh vs. State of U.P. and others 2010 (3) ADJ 659 (FB).
Order Date :- 22.2.2019 A.K.Srivastava