Court No. - 30
Case :- WRIT - C No. - 3231 of 2019 Petitioner :- Qumar Jahan Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Amul Kumar Tyagi,Prabhakar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Alok Sharma, learned Standing Counsel appearing for the State respondents.
Present petition has been filed with the following prayer:-
"I. Issue a writ order or direction in the nature of mandamus directing and commanding to the respondent no. 4 to take final decision in respect of suspension order passed by him on 6.10.2016."
Admittedly, the petitioner has earlier filed Writ C No. 14251 of 2017 challenging the order of cancellation of fair price shop as well as the order of suspension dated 6.10.2016. The aforesaid petition was dismissed vide order dated 7.4.2017. It appears that a review application no. 236124 of 2017 was filed, wherein withdrawal application no. 2 of 2018 was filed and the delay condonation application as well as the review application was dismissed as withdrawn vide order dated 16.1.2019.
The prayer of Writ C No. 14251 of 2017 is quoted as under:-
"Issue a writ, order or direction in the nature of certiorari to quash the order dated 16.3.2017 passed by Joint Commissioner (food) Meerut Division Meerut and order dated 6.10.2016 passed by District Supply Officer, Hapur and also to quash order dated 2.6.2016 passed by District Supply Officer, Hapur by which agreement of the fair price shop has been suspended."
It is, therefore, now clear that earlier petition challenging the suspension order as well as order of cancellation of fair price shop was dismissed by this Court.
Now, this petition seeking writ of mandamus directing the respondent no. 4 to take final decision in respect of suspension order dated 6.10.2016 is patently misconceived and is not maintainable.
Present petition is accordingly dismissed with a cost of Rs. 10,000/-. Since the same counsel has filed both the petitions, accordingly, Sri Amul Kumar Tyagi, who has filed earlier petition also, shall also be liable to pay token cost of Rs. 1,000/-. The said amount shall be deposited with the Registrar General of this Court within a period of one month from today. On deposit of such cost, it shall be transmitted to the account of High Court Legal Services Committee, Allahabad.
With the aforesaid observations, present petition stands dismissed.
Order Date :- 29.1.2019 Lalit Shukla