Court No. - 62
Case :- WRIT - C No. - 2826 of 2018 Petitioner :- Mohram Ali Respondent :- State Of U.P. And Another Counsel for Petitioner :- Mr Vinod Kumar Upadhyay,Mr Santosh Kumar Upadhyay
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
This writ petition has been filed by the petitioner seeking a direction in the nature of mandamus commanding respondent no.2-S.D.M., Budhana, Muzaffarnagar, to comply with the order dated 11.10.2017 passed by Joint Commissioner (Food) Saharanpur and release monthly quota of essential commodities in favour of the petitioner's fair price shop within a stipulated period.
Learned counsel for petitioner submits that against the order dated 27.9.2017 passed by S.D.M., Budhana cancelling fair price shop licence of the petitioner, he preferred an appeal being Appeal No. 42/ 2016-17, under clause 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. The said appeal has been allowed by Joint Commissioner (Food), Saharanpur Division, Saharanpur vide order dated 11.10.2017, the order dated 29.7.2017 of the SDM, has been set aside and license of the petitioner has been restored. Copy of the said order dated 11.10.2017 has been appended as annexure-1 to this petition.
Contention of the learned counsel for petitioner is that a period of more than four months has already elapsed, but the order of the appellate authority is not being given effect to by the S.D.M. arbitrarily despite petitioner's best efforts in that regard.
While exercising extra ordinary powers under Art. 226 of the Constitution, the High Court is not to function as an executing Court in matters where subordinate authority is not implementing the orders passed by the superior/appellate authority. In such a situation, proper course open to the person aggrieved is to approach the superior authority, who in the facts and circumstances of the present case, is empowered enough to take appropriate action in the matter. At the same time, this Court cannot approve the conduct of SD.M.-respondent in not respecting and implementing the order passed by the appellate authority.
In the facts and circumstances of the case, the District Magistrate, Muzaffarnagar is directed to look into the matter with regard to the allegation of non-compliance of the order passed by the Joint Commissioner dated 11.10.2017 in the aforesaid appeal and take the appropriate action against the erring officer/official concerned, in accordance with law expeditiously within a period of six weeks from the date of production of certified copy of this order.
With the above directions, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 27.2.2018 Noman