Court No. - 46
Case :- WRIT - C No. - 19550 of 2019 Petitioner :- Munilal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bijendra Kumar Mishra Counsel for Respondent :- C.S.C.,Aqeel Ahmad,Ramesh Chandra Upadhyay
Hon'ble Saral Srivastava,J.
Heard Sri Bijendra Kumar Mishra, learned counsel for the petitioner and Sri Rajesh Kumar learned Standing Counsel for respondent nos. 1 to 3 and Sri R.C. Upadhaya, learned counsel for respondent no. 4.
The petitioner is a fair price shop agent of the village Gram Jauma, Vikas Khand and Tehsil Phoolpur, District Ajamgarh. The licence of the petitioner was cancelled by respondent no. 3- Sub Divisional Magistrate, Phoolpur Azamgarh by order dated 2.3.2019 against which petitioner, preferred statutory appeal under Section Section 13(1) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 before respondent no. 2- Commissioner Azamgarh, Division Azamgarh which is still pending.
The contention of learned counsel for the petitioners is that according to Section 13(3) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to as 'Order 2016'), the appellate authority shall endeavour to decide the appeal of the petitioner within sixty days, but in the instant case sixty days have passed and the appellate authority has not yet decide the appeal.
Learned Standing Counsel submits that no useful purpose would be served by keeping the writ petition pending.
Be that as it may, Section 13(3) of the Order 2016 provides that appellate authority shall endeavour to decide of the appeal within a period of sixty days from the date of its filing. In view of the said provision, the appellate authority, i.e. respondent no. 2, is expected to decide the appeal of the petitioner filed under Section 13(1) of the Order 2016 within the time stipulated in Section 13(3) of Order 2016, if for any reason the same could not be decided within stipulated period, the appellate authority shall decide it expeditiously, preferably within six months from the date of expiry of period stipulated in Section 13(3) of Order 2016.
The writ petition is disposed off. Order Date :- 31.5.2019 Ishan