Court No. - 45
Case :- WRIT - C No. - 20570 of 2018 Petitioner :- Smt. Ramdei Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioner is permitted to correct the array of the parties to the writ petition during the course of the day.
The fair price shop licence of the petitioner was cancelled by order dated 26.7.2017. The petitioner could not institute an appeal in time due to severe attack of jaundice. The submission of Shri V.K. Mishra, learned counsel for the petitioner is that the petitioner was bedridden for a long period of time going owing to her illness. Being a widow she had no assistance from any source and was left to fend for herself. Consequently, the appeal could not be filed in time. In the meantime, the time period of filing appeal has expired. Now, the appeal is barred by limitation. The submission of Shri Mishra, is that valuable rights of the petitioner would be defeated on a technicality. This would lead to miscarriage of justice. The learned counsel for the petitioner further points out that due to bona- fide legal advice, the petitioner approached this Court directly. Consequently, filing of appeal was delayed and now the appeal is barred by limitation. The sole prayer made by the learned counsel for the petitioner is for enlarging the time to appeal and the appeal may be decided on merits.
In view of the facts in the record and the submissions made by the learned counsel for the petitioner, it is open to the petitioner to file an appeal against the order of termination dated 26.6.2017 within a period of one month from today. In case the aforesaid appeal is filed within the stipulated period of time of one month, the appellate authority shall decide the same without going into the question of delay. It is made clear that in case, the appeal is not filed within one month from today, the direction shall stand recalled.
The description of the petitioner shall read as Smt.Ramdei in all future proceedings.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 30.5.2018 Ashish Tripathi