Court No. - 32
Case :- WRIT - C No. - 38724 of 2019 Petitioner :- Praveen Kumar And Co.
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Namit Kumar Sharma,Gunjan Sharma Counsel for Respondent :- C.S.C.,Archit Mandhyan
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for petitioner and learned counsel for respondent No. 3.
This writ petition, inter alia, has filed for the following relief:-
"Issue a writ, order or direction in the nature of certiorari to quash the impugned recovery notice/citation dated 25.03.2019 issued by Respondent No. 4 (Annexure No. 3 to the w.p.) as well as the unserved impugned order dated 20.06.2019 passed by Respondent No. 3 with all of its consequential effects whatsoever."
At the very outset the learned counsel for Krishi Utpadan Mandi Samiti, Jaswant Nagar, Etawah submits that against impugned order dated 20.06.2019 passed by the respondent No. 3 the petitioner has a remedy to file appeal under Section 25 of the Krishi Utapadan Mandi Samiti Adhiniyam. The said remedy has not been availed of by the petitioner.
Learned counsel for the petitioner states that a copy of the said order dated 20.06.2019 has not yet been served upon the petitioner.
Today, during the course of hearing learned counsel for the respondent No. 3 has served a copy of the order dated 20.06.2019 upon the learned counsel for petitioner.
Considering the facts and circumstances of this case, it is provided that in case the petitioner files an appeal before the authority concerned within a period of 15 days from today, the same shall be decided by the authority concerned by a reasoned and speaking order within a period of four weeks thereafter from the date of receipt of such appeal, after giving opportunity of hearing to the petitioner.
It is also open to the petitioner to file a stay application along with the said appeal and in case a stay application is also filed by the petitioner, the same shall also be decided by the authority concerned. It is also open for the petitioner to file any cogent evidence with the appeal and take pleas as permissible under law.
With the aforesaid observations, this writ petition stands finally disposed off.
It is made clear that this Court has not expressed any opinion on the merit of the case and the authority concerned shall decide the appeal as well as stay application in accordance with law without influenced by any of the observations made in this order.
Order Date :- 28.11.2019 LBY