Court No. - 36
Case :- WRIT - C No. - 19686 of 2019 Petitioner :- Rasheed Khan Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Satyendra Narayan Singh,Anup Kumar Khare Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
By order dated 09.05.2019, the interim application in Appeal No.00632 of 2019 (Rasheed Khan v. State of U.P.) has been rejected. The order dated 09.05.2019 is a reasoned and speaking order. The order records that the report against the petitioner given by the NIC was relied upon by the competent authority to cancel the fair price shop licence of the petitioner. The petitioner made a vague averment that the aforesaid NIC report was bad but the ground was not substantiated with any material particulars. Consequently, the learned appellate court found that the challenge of the petitioner was a vague ground. Consequently, the interim application was invalidated by the order dated 09.05.2019.
There is no infirmity in the order dated 09.05.2019.
Learned counsel for the petitioner then prays that the appeal may be decided within a stipulated period of time.
The institution and decision of the appeal under the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 are controlled and regulated by Clause 13 of the said Control Order. The clause 13(3) is relevant of a judgement on the third submission of the learned counsel for the petitioner. Clause 13(3) is extracted below:
"(3) Any person aggrieved by an order of the Competent Authority denying the issue or renewal of the agreement to the fair price shop owner, suspension or cancellation of the agreement may appeal to the Appellate Authority namely the Divisional Commissioner or the Joint Commissioner/Deputy Commissioner (Food) authorized by him in writing to hear and dispose appeal within thirty days of the date of receipt of the order and the Appellate Authority shall, as far as practicable, dispose the appeal within a period of sixty days:
Provided that once an appeal has been disposed of by the Appellate Authority, the time for issue or renewal of the agreement of the fair price shop owner by the Competent Authority referred to in sub-clause (9) of Clause 10 shall begin from the date of decision of the Appellate Authority on the appeal:
Provided further that an appeal pending before an Appellate Authority appointed under the Uttar Pradesh Schedule Commodities Distribution Order, 2004 shall be disposed of by such authority as if this order had not been made."
Admittedly, the appeal was instituted on 08.04.2019. The order- sheet has not been brought in the record. This Court consequently cannot hold that the statutory mandate for deciding the appeal within a period of 60 days as far as practicable cannot be sent to be flouted. Non performance of statutory duties, a pre-requisite to issue a mandamus has not been established.
At this stage, learned counsel for the petitioner does not press the relief for deciding the appeal within a stipulated period of time.
It is open to the petitioner to file a fresh writ petition at the appropriate point in time if so advised.
It is clarified that the observations made hereinabove shall not influence the judgement of the learned appellate court.
With the aforesaid direction, the writ petition is finally disposed off.
Order Date :- 3.6.2019 Ashish Tripathi