Court No. - 10
Case :- WRIT - C No. - 37576 of 2019 Petitioner :- Rakesh Kumar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record.
Present petition has been filed seeking direction to the respondent no. 2 to pass appropriate order on the stay application filed alongwith Appeal No. Nil of 2019 (Rakesh Kumar Pandey vs. District Supply Officer Azamgarh).
On 19.11.2019 following order was passed:-
"Drawing attention to paragraph 11 of the petition learned counsel for the petitioner submitted that although appeal has been filed on 1.11.2019, however, till date the stay application has not been considered and the appeal has not been registered and allotted regular number.
Learned Standing Counsel may seek instructions in the matter. Put up this case as fresh on 28.11.2019."
Pursuant to the aforesaid order learned Standing Counsel has produced a copy of the instruction dated 25.11.2019 sent by District Supply Officer. The instruction is taken on record.
According to the instruction the appeal has already been numbered as Case No. 1561 of 2019 (Computer Case No. C201915000001561) and the last date fixed was 22.11.2019.
In view of the aforesaid, without going into the merits of the claim of the petitioner, it is hereby provided that respondent no. 2-Commissioner, Azamgarh Division, Azamgarh shall consider and decide the appeal on its own merits strictly in accordance with law preferably within a period of two months from the date of production of certified copy of this order.
It is made clear that this Court has not examined the merits of the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 28.11.2019 Lalit Shukla