Court No. - 2
Case :- WRIT - C No. - 28762 of 2018 Petitioner :- Prem Kumar Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Kalpana Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Ms. Kalpana Singh, learned counsel for the petitioner and learned Standing Counsel for respondents.
Petitioner was a fair price shop dealer of Village Panchayat- Fatehpur Karkha, Tehsil- Shikohabad, District- Firozabad. The fair price shop license of the petitioner was cancelled on 23.05.2017. The order of termination was taken in appeal by the petitioner. The petitioner was registered as Appeal No. C 20170100653 (Prem Kumar Vs State of U.P.) in the Court of Deputy Commissioner (Food & Supply), Agra Region, Agra. The aforesaid appeal was allowed by order dated 16.08.2017. By order dated 16.08.2017 the appellate authority quashed the order of cancellation dated 23.05.2017 and remanded the matter to respondent no. 3 for fresh consideration in accordance with law.
The submission of learned counsel for the petitioner is that despite the remand order the controversy has not been decided finally till date. The petitioner is willing to cooperate with the proceedings before respondent no. 3 and tender his defence before the respondent no. 3. However, he has not been invited to do so by the respondent no. 3. The matter still remains undecided.
No useful purpose will be served by keeping the writ petition pending. A mandamus is issued to respondent no. 3 commanding him to decide the matter in accordance with law finally by a reasoned and speaking order after giving due opportunity of hearing to the petitioner within a period of three months from the date of receipt of a certified copy of this order.
With the aforesaid direction the writ petition is disposed of.
Order Date :- 24.8.2018 Pravin