Court No. - 10
Case :- WRIT - C No. - 2233 of 2019 Petitioner :- Mairajuddin Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners, Shri P.K. Chauhan, learned Standing Counsel for the State respondents.
The petitioner is before this Court with the prayer to command the second respondent to decide the pending Appeal no.02/2018 (Mairajuddin vs. State of U.P.), whereby, the fair price shop license of petitioner has been suspended.
Learned counsel for the petitioner apprised to the Court that against the suspension order dated 14.09.2018, the aforesaid appeal has been preferred but simultaneously, the Authority concerned has cancelled the license of fair price shop of the petitioner without following the procedure prescribed in Government Order dated 29.07.2004 as well as the law laid down in the case of Puran Singh vs. State of U.P. and others 2010 (3) ADJ 659 (FB) and as such, leave may also be accorded to the petitioner to assail the validity of the said order in appeal.
Once such is the factual situation, then no useful purpose would be served in keeping the writ petition pending consideration.
Consequently, the writ petition is disposed of with the direction to the petitioner to assail the validity of the order of cancellation before the Appellate Forum within ten days from today and this Court hopes and trust that the Appellate Authority would proceed to finalize the said proceedings within three weeks thereafter keeping in mind the procedure prescribed in Government Order dated 29.07.2004 as well as the law laid down in the case of Puran Singh (supra).
Order Date :- 22.1.2019 A. Pandey