Heard learned counsel for the petitioner and to the learned Additional Chief Standing Counsel on behalf of respondent Nos.1 to 3.
The grievance of the petitioner is that he is license holder of a fair price shop of Gram Panchayat Chandautgawan, Block Sandi, Tehsil Sawayajpur, District Hardoi. On a complaint lodged by the card holders, the Sub Divisional Magistrate (SDM) found certain irregularities in the distribution of essential commodities to the card holders and thereafter, cancelled the license of the fair price shop of the petitioner vide order dated 04.05.2018, against which the petitioner preferred an appeal before the Joint Commissioner, which was numbered as Appeal No.2018100000003481, which has been allowed and the order passed by the SDM has been set aside with a direction to the SDM to pass a fresh reasoned and speaking order after affording opportunity of hearing to the petitioner within a period of one month.
Submission of learned counsel for the petitioner is that the petitioner has served copy of the order passed by the Joint Commissioner to the SDM and requested to take decision vide application dated 07.03.2019 and further approached to the District Magistrate due to non taking of decision vide application dated 03.06.2019. In spite of that, the SDM is sitting tight over the matter and has not passed any order in compliance of the order passed by the Joint Commissioner.
Submission of learned counsel for the petitioner is that in case direction is issued to the SDM-respondent No.3 to pass appropriate order on the application of the petitioner in the light of the order passed by the Joint Commissioner, ends of justice would be met.
Learned Additional Chief Standing Counsel submits that in case the petitioner has approached to the respondent authority along with copy of the order passed by the Joint Commissioner with a request to pass an order, his application shall be considered and appropriate order shall be passed within a reasonable time.
In view of the submissions advanced by learned counsel for the parties, this writ petition is finally disposed of with a direction to the respondent No.3-SDM, Sawayazpur, District Hardoi to pass appropriate order on the application of the petitioner dated 07.03.2019 taking into consideration the order passed by the Joint Commissioner allowing the appeal vide order dated 06.02.2019 within a period of one month from the date of production of a certified copy of this order.
Order Date :- 30.7.2019 Adarsh K Singh