Court No. - 10
Case :- WRIT - C No. - 41835 of 2019 Petitioner :- Maniram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navin Kumar Srivastava Counsel for Respondent :- C.S.C.,Anand Kumar Yadav
Hon'ble Vivek Varma,J.
Heard Sri Navin Kumar Srivastava, learned counsel for the petitioner and Mr. Praduman Tiwari, learned Standing Counsel for the State.
By means of this writ petition, the petitioner has prayed for the following relief:-
"(I) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 27.11.2019 passed by the respondent no.2 in Case No. 01161 of 2019 (Computer Case No. C201906000001161) (Maniram Vs. Sub-Divisional Officer Tahrauli & others) u/s 13 (1) of U.P. Essential Commodities (Sell and Supply) Act.
(II) Issue a writ order or direction in the nature of mandamus certiorari to quash the impugned order dated 12.09.2019 passed by the respondent no.3 through the Letter No. 409/SDO/Supply/2019-20, who has cancelled the licence of fair price shop of the petitioner.
(III) Issue a writ, order of direction in the nature of mandamus directing the respondents not to adopt any further proceedings of allotment of fair price shop in village Khoh, Block Chirgaon, Tehsil Tahrauli, District Jhansi."
It is contended that the fair price shop licence of the petitioner has been cancelled by the Sub-Divisional Officer, Tahrauli vide order dated 12.09.2019. Against the said order dated 12.09.2019, petitioner preferred the aforesaid appeal alongwith stay application and the Commissioner Jhansi Mandal Jhansi rejected the stay application vide order dated 27.11.2019, but the said appeal is still pending consideration. Therefore, the petitioner has confined his prayer only for early disposal of the said appeal.
On the other hand, learned Standing Counsel very fairly states that in case the aforesaid appeal is still pending, the same shall be considered and decided by the authority concerned, expeditiously.
Having regard to the facts and circumstances of the case and the submission made, but without prejudice to the merits of the case, the instant writ petition is finally disposed off with a direction to the authority concerned to make every endeavour to consider and decide the said appeal, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 17.12.2019 Lbm/-