Court No. - 26
Case :- WRIT - C No. - 11133 of 2018 Petitioner :- Prempal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Kumar Dixit Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
This writ petition has been filed by the petitioner challenging the order dated 18.9.2017 passed by the Deputy Commissioner (Food), Bareilly Division, Bareilly rejecting the stay application of the petitioner in Appeal No. 96 of 2017 (Prempal Vs. State of U.P.).
I have gone through the order impugned and I do not find any consideration of the prima-facie case of the petitioner as mentioned in the Appeal.
The order dated 18.9.2017 is set aside.
The matter is remanded back to the Deputy Commissioner (Food), Bareilly Division, Bareilly to consider the stay application of the petitioner afresh on merits and pass appropriate reasoned and speaking order thereon within a period of three weeks from the date a certified copy of this order is produced before him.
The writ petition is partly allowed to this extent.
Order Date :- 28.3.2018 Arif