1- Heard learned Counsel for the petitioner and Sri Ram Pratap Singh Chauhan, learned Additional Chief Standing Counsel for the State-respondents.
2- The present writ petition has been filed for seeking a direction to the opposite party no. 2 to decide the pending Appeal No. D-129 of 2019 (Om Prakash Versus Up Ziladhikari Mahrajganj), District Mahajganj, under Section 13(3) of U.P. Essential Commodities (Regulation of of Sale and Distribution Control), Order 2016.
3- Learned Counsel for the petitioner submits that petitioner was the licensee of Fair Price Shop, situated at Village Panchayat Palia , Block Bachharawan, Tehsil Mahrajganj, District Raibareli, but due to some false complaint, Up Ziladhikari Mahrajganj, District Raibareli has cancelled the license of the petitioner by its order dated 07.06.2019. Aggrieved by the order dated 07.06.2019, the petitioner has filed an appeal under Section 13(3) of U.P. Essential Commodities (Regulation of Sale and Distribution Control), Order 2016, but till date no decision has been taken by the respondent.
4- Considering the entire facts of the case, this Court passed the order dated 27.08.2019, which reads as under:-
"Heard learned counsel for the petitioner as well as learned Standing Counsel.
The instant writ petition has been filed seeking direction for early disposal of pending appeal filed under Clause 13 (3) of U.P. Essential Commodities (Regulation of Sale & Distribution Control) Order, 2016.
Learned counsel for the petitioner submits that the appeal pending before opposite party no.2/Joint Commissioner (Food), Lucknow Division, Lucknow, is not being heard by opposite party no.2 on the ground that government advocate is not available as such only general dates can be given, no effective proceedings are being held.
Learned Standing Counsel may seek instructions in the matter.
Put up on Friday i.e. 30.08.2019, as fresh. "
5- In compliance of the order dated 27.08.2019, the learned State Counsel has received instruction dated 28.08.2019. The relevant portion of the instruction is reproduced below:-
"d`i;k mijksDr fo"k;d ekuuh; mPp U;k;ky; }kjk ikfjr vkns'k fnukad [email protected]@2019 dk lUnHkZ xzg.k djus dk d"V djsa] ftlds }kjk bUlVªDlUl izkIr djus dk vkns'k ikfjr fd;k x;k gSA voxr djkuk gS fd U;k;ky; la;qDr vk;qDr ¼[kk+|½] y[kuÅ e.My] y[kuÅ esa orZeku esa lHkh Qzs'k dsl ¼[email protected]@izdh.kZ izkFkZuk i=½ dh xzkg~rk Lrj dh lquokbZ dh tk jgh gS lkFk gh lkFk muds lkFk layXu vUrfje vuqrks"[email protected] izkFkZuk i=ksa dk Hkh fuLrkj.k fd;k tk jgk gSA cgl gsrq yafcr oknksa dks 'kkldh; vf/koDrk dk in fjDr gksus ds dkj.k lquokbZ ugha dh tk jgh gSA U;k;ky; la;qDr vk;qDr ¼[kk+|½] y[kuÅ e.My] y[kuÅ esa yafcr oknksa dh lquokbZ lIrkg ds nks fnu ¼eaxyokj ,oa c`gLifrokj½ gksrh gSA U;k;ky; la;qDr vk;qDr ¼[kk+|½] y[kuÅ e.My] y[kuÅ }kjk fnukad [email protected]@2019 ls vc rd dqy 49 vUrfje vuqrks"[email protected] izkFkZuk i=ksa dk fuLrkj.k fd;k tk pqdk gSA"
6- Considering the entire facts of the case as well as the instructions dated 28.08.2019, the writ petition is disposed of with direction to the respondent no. 2 to decide the pending Appeal No. D-129 of 2019 (Om Prakash Versus Up Ziladhikari Mahrajganj) of the petitioner, expeditiously say within a period of three months, if possible, from the date of production of a certified copy of this order. Needless to say that allotment of Fair Price Shop, if any, shall be subject to the final outcome of Appeal No. D-129 of 2019 (Om Prakash Versus Up Ziladhikari Mahrajganj, as per the law laid down in the Full Bench of this Court in the Case of Urmila Devi Versus State reported in 2015 (2) ADJ 368.
Order Date :- 27.08.2019 Jyoti/-