Court No. - 10
Case :- WRIT - C No. - 42862 of 2018 Petitioner :- Om Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Shekhar,Praveen Kumar Dwivedi Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Standing Counsel. Shri Ashish Kumar Srivastava has accepted notice on behalf of Gaon Sabha.
The petitioner is before this Court assailing the order dated 28.4.2018 passed by third respondent cancelling the fair price shop of the petitioner.
Shri Siddharth Singh, learned Addl. Chief Standing Counsel has raised objection regarding maintainability of the writ petition on two grounds. He firstly contends that the order impugned at this belated stage cannot be assailed as there is no satisfactory explanation for approaching the Court with inordinate delay. He secondly contends that the order impugned is appellable and as such the writ petition is liable to be dismissed.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioner files an appeal against the order impugned along with delay condonation application, the appellate authority would firstly proceed to decide the delay condonation application and in case the delay condonation application is allowed, the authority would proceed to decide the appeal on merits of the case.
Order Date :- 20.12.2018 SP/