Court No. - 36
Case :- WRIT - C No. - 28276 of 2021 Petitioner :- Ram Asrey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashok Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State- respondents.
Present petition has been filed seeking following relief:-
"i) issue a writ, order or direction in the nature of mandamus commanding and directing the Commissioner, Varanasi Commissionary Varanasi to consider and decide stay application as well as appeal No. 64 of 2021 (Ram Ashray vs. State of U.P.) pending in the Court of Deputy Food Commissioner, Varanasi or the same may be decided by any other Competent Court within stipulated period."
Learned counsel for the petitioner submitted that on 10.09.2021, petitioner has filed appeal along with stay application under section 13(1) of U.P. Essential Commodities Act before Deputy Food Commissioner, Varanasi-respondent No.
3. It is further submitted that Court of Deputy Food Commissioner, Varanasi is lying vacant due to which, appeal has not been decided till date. Lastly, it is submitted that a suitable direction may be issued to respondent No. 2 who is also having the same power to decide the stay application along with appeal at the earliest for which learned standing counsel has no objection.
In view of the facts and circumstances of the case, with the consent of parties, without adverting on the merits of the case, the writ petition is disposed of directing respondent No. 2 to summon the records of appeal alongwith stay application and decide the stay application within two weeks and appeal two months thereafter from the date of submission of computer generated copy of this order after verifying the same from Official Website of Allahabad High Court. In case any Officer is posted as Deputy Food Commissioner, Varanasi- respondent No. 3, respondent No. 2 shall communicate the order of this Court to respondent No. 3 who shall decide the stay application as well as appeal within the same time as directed here-in-above.
Petitioner is also at liberty to submit the copy of this order to respondent No. 3, in case vacancy is fulfilled.
Order Date :- 29.10.2021 Sartaj