Court No. - 27
Case :- WRIT - C No. - 15151 of 2018 Petitioner :- Natthu Lal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Prem Shankar,Vidya Bhushan Shukla Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Jayant Banerji,J.
Learned counsel for the petitioner is permitted to carry out the necessary correction in the prayer clause of the writ petition.
By means of the order dated 5 February 2018 the fair price shop of the petitioner was cancelled by the Sub-Divisional Magistrate Sadar, District Pilibhit. An appeal no.56 of 2018 has been filed by the petitioner before the Court of Commissioner Bareilly Division, Bareilly challenging the aforesaid order of cancellation of fair price shop. By means of an order dated 8 March 2018 appeal has been admitted by the Additional Commissioner concerned.
The petition has been primarily filed for a direction to the respondent no.2, Commissioner Bareilly Division, Bareilly to decide the stay application as well as the appeal preferred against the order dated 5 February 2018 passed by the Sub- Divisional Magistrate,Sadar, District Pilibhit cancelling the fair price shop. However, though a stay application was filed in the appeal but a copy thereof has not been filed in this writ petition. In any view of the matter, as has been pointed out by the learned Standing Counsel, appeal has to be decided by the Competent Authority within sixty days as provided under Clause 13(3) of the U.P.E.C.(Regulation of Sale & Distribution Control) Order, 2016.
It appears from the record that the appeal has been filed on 22 February 2018, therefore, the Court does not deem it appropriate to direct the Competent Authority to look into the stay application at this stage. We direct the Competent Authority seized of the appeal to decide the same within a period of three weeks from the date of presentation of a certified copy of the order passed today.
With the aforesaid observation the writ petition is disposed of.
Order Date :- 26.4.2018 MAA/-
(Jayant Banerji,J.)