Learned counsel for the petitioner has filed an application for impleadment in court today, same is taken on record.
Application has been filed for impleading Deputy Commissioner (Food), Devi Patan Manda, Gonda as opposite party no.4.
Learned Standing Counsel has no objection.
Accordingly, application is allowed.
Learned Counsel for the petitioner is permitted to carry out necessary impleament during course of the day.
Order on memo of petition:
Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the records.
The instant writ petition has been filed seeking direction to opposite parties to restrain from making any fresh allotment till disposal of appeal pending before opposite party no.1, petitioner has further prayed that the court may be pleased to stay implementation of order dated 6.10.2018 in the interest of justice. It is also prayed that the opposite parties be restrained from proceeding from allotment of fair price shop license for the fair price shop in Village Panchayat Semri Chak Pihani, Block Hariharpur Rani, Tehsil Bhinga, District Shrawasti.
Learned Standing Counsel appearing for the opposite parties no.1, 2 and 4 submits that the petitioner feeling aggrieved against the impugned order dated 6.10.2018 regarding cancellation of his fair price shop license has preferred an appeal which is pending before opposite party no.4. The petitioner has also moved an application for interim relief in the said appeal which is pending consideration, as such, at this stage no interference is required by this Court.
I have considered the submissions made by parties' counsel and gone through the records.
It is the admitted fact that the petitioner was given fair price shop license for the fair price shop situated in Village Gohlautpur, Village Panchayat Semri Chak Pihani, Block Hariharpur Rani, Tehsil Bhinga, District Shrawasti. The fair price shop license of petitioner was cancelled vide order dated 6.10.2018. The petitioner feeling aggrieved has preferred an appeal under Clause 13 (3) of Uttar Pradesh Essential Commodities (Regulation of Sale & Distribution Control) Order, 2016 and same is pending before opposite party no.4/Deputy Commissioner (Food), Devi Patan Mandal, Gonda. The appeal has been registered as Appeal No.3016; Ram Chandra Verma Vs. State. In the said appeal interim relief application is also said to be pending.
Considering the fact that the appeal is pending consideration for quite some time particularly since 17.10.2018 and as per Uttar Pradesh Essential Commodities (Regulation of Sale & Distribution Control) Order, 2016 such appeals are required to be decided within sixty days, I feel it appropriate to direct opposite party no.4 before whom the said appeal is pending to consider and decide the said appeal in accordance with law giving opportunity of hearing to the parties concerned expeditiously, if possible, within a period of 60 days from the date a certified copy of this order is placed before him. In case interim relief application is pending consideration the concerned appellate authority shall consider and decide the interim relief application before proceeding to decide the appeal finally.
It is needless to observe that in case opposite parties are proceeding to make any fresh allotment with respect to fair price shop in question or make any temporary arrangement for distribution of essential commodities to the card holders of said fair price shop, same shall be subject to final decision in pending appeal.
With these observations, writ petition is disposed of.
Order Date :- 28.8.2019 Ram.